Townes v. Manyfield
| Docket Number: | 2003-CA-01944-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-30-2004 Opinion Author: Dickinson, J. Holding: Vacated and Remanded |
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| Additional Case Information: |
Topic: Custody - Grandparent visitation - Required findings Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Concurs in Result Only: Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 11-30-2002 Appealed from: Hinds County Chancery Court Judge: William H. Singletary Disposition: Granted grandparent's visitation rights. Case Number: G2002-77-S/2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dennis Earl Townes |
JAMES D. MINOR, SR. |
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| Appellee: | Nay Ruth Manyfield and B. L. Manyfield | BARBARA A. BLUNTSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Custody - Grandparent visitation - Required findings |
| Summary of the Facts: | Dennis Townes filed a Petition for Writ of Assistance, alleging that B.L. Manyfield and Nay Ruth Manyfield wrongfully and unlawfully took custody and possession of Dennis’ minor children and refused to return the children to him. The Manyfields filed a Petition for Custody of Minor Children or in the Alternative, for Grandparent Visitation. The Youth Court entered a Temporary Custody Order awarding temporary custody of the minor children to the Manyfields. The parties filed an Agreed Order of Temporary Visitation, granting Dennis temporary visitation with his children. Dennis then filed a Counter-Complaint for Custody of Minor Children. Following a hearing, the court awarded Dennis custody of the minor children and granted the Manyfields visitation with the children. Subsequent to the order awarding custody to Dennis, the parties entered into an agreed order in which Dennis relinquished custody of the oldest child to Mrs. Manyfield. Dennis appeals. |
| Summary of Opinion Analysis: | Dennis argues that the conditions of visitation granted by the chancellor to Mrs. Manyfield were excessive and that the court failed to consider the appropriate factors. When determining visitation by grandparents, the court should consider the amount of disruption that extensive visitation will have on the child's life, suitability of the grandparents' home, age of the child, age and physical and mental health of the grandparents, emotional ties between the grandparents and the grandchild, moral fitness of the grandparents, distance of the grandparents' home from the child's home, any undermining of the parent's general discipline of the child, employment of the grandparents, and willingness of the grandparents to accept that the rearing of the child is the responsibility of the parent. Making findings of fact under these factors is an integral part of a determination of what is in the best interest of a child. These factors are to be applied and discussed in every case in which grandparent visitation is an issue. When a chancellor finds that there are circumstances that overwhelmingly dictate that a grandparent should be awarded equivalent visitation to that of a parent, those findings must be fully discussed on the record. Because the chancellor in this case failed to apply the required factors and failed to make a finding on the record supporting the visitation awarded, the case is remanded. |
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