LePori v. Welch
| Docket Number: | 2011-CA-00057-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of parental rights - Section 93-15-103 - Deceased child - Right to inherit - Wrongful death - Section 11-7-13 - Section 91-1-15 - Section 93-15-103 Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-10-2010 Appealed from: Forrest County Chancery Court Judge: Johnny Lee Williams Disposition: PETITION TO TERMINATE PARENTAL RIGHTS DISMISSED Case Number: 03-0281 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Catherine LePori |
M. JUDITH BARNETT |
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| Appellee: | Alton Welch | JOE SAM OWEN CHARLES C. WIMBERLY III |
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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: | Termination of parental rights - Section 93-15-103 - Deceased child - Right to inherit - Wrongful death - Section 11-7-13 - Section 91-1-15 - Section 93-15-103 |
| Summary of the Facts: | After her son Brandon Rathbone died in a work-related accident, Catherine LePori petitioned under section 93-15-103 to terminate the parental rights of Brandon’s biological father, Alton Welch, to prevent Welch from benefitting from the wrongful-death action she had filed. The chancery court dismissed the petition, and LePori appeals. |
| Summary of Opinion Analysis: | Issue 1: Termination of parental rights LePori argues the chancellor failed to consider as grounds for termination the substantial erosion of Brandon and Welch’s relationship caused by Welch’s actions. But the grounds for termination in section 93-15-103(3) are to be considered only when the circumstances of section 93-15-103(1) are met. The concern of the statute is when a parent’s rights may be terminated in order for the child to be adopted. As with child custody, the best interest of the child is the paramount consideration when deciding whether to terminate parental rights. Because the statute concerns the best interest of the child, it logically follows the statute only addresses circumstances when the child is still living. Issue 2: Right to inherit LePori argues the dismissal of her termination proceeding will lead to the inequitable result of Welch unjustly benefitting from the wrongful-death action. The provisions of section 11-7-13 shall apply to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under section 91-1-15. The Wrongful Death Act, by incorporating section 91-1-15, addresses the inequity of a natural father of an illegitimate child benefitting from a wrongful-death action when he has failed to acknowledge and support his child. But it does not require the father’s rights be terminated under section 93-15-103. Instead, it imposes the duty on the father to show he meets the requirements of section 91-1-15 and is, thus, one of his child’s heirs-at-law. Neither the estate proceeding pending in chancery court nor the wrongful-death action pending in circuit court is before this court on appeal. Thus, whether Welch has the statutory right to inherit from Brandon and receive benefits from the wrongful-death action is outside the scope of this appeal. |
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