Davis v. Vaughn

126 So. 3d 33, 2013 WL 6115785, 2013 Miss. LEXIS 594
CourtMississippi Supreme Court
DecidedNovember 21, 2013
DocketNo. 2012-CA-00651-SCT
StatusPublished
Cited by31 cases

This text of 126 So. 3d 33 (Davis v. Vaughn) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Vaughn, 126 So. 3d 33, 2013 WL 6115785, 2013 Miss. LEXIS 594 (Mich. 2013).

Opinion

KITCHENS, Justice,

for the Court:

¶ 1. In this custody dispute between the natural father and the maternal grand[35]*35mother, the chancellor granted custody to the father, finding that the father had not deserted his child. Although the grandmother had stood in loco parentis to the child since the mother’s death, the chancellor correctly recognized that this alone could not overcome the natural-parent presumption. See Smith v. Smith, 97 So.3d 43 (Miss.2012) (reemphasizing that a third party’s in loco parentis status, standing alone, could not rebut the natural-parent presumption). Finding no error, we affirm the judgment of the chancery court.

I.

¶ 2. This appeal is before the Court following our reversal of the initial joint custody award and our remand of the case for additional proceedings. Vaughn v. Davis (Vaughn II), 36 So.3d 1261 (Miss.2010). In October 2000, Davis’s daughter, Theresa Davis, gave birth to Danielle, who is the child at the center of this custody dispute. The appellee, William Daniel Vaughn, is Danielle’s natural father. Theresa and Vaughn never married each other, and Danielle lived with her mother and grandmother from birth.

¶ 3. When Danielle was seventeen months old, her mother, Theresa, died in a car wreck. At the time of Theresa’s death, Vaughn was attending school, working full time, and living in an apartment with two roommates. Given his circumstances, Vaughn and Davis agreed that Danielle would continue to live with Davis until Vaughn finished school and became financially stable. Danielle lived with her maternal grandmother for two years under this informal arrangement. During that time, her father’s interaction with her was sporadic, and he contributed little financial assistance.

¶ 4. In August, 2004, Davis filed a petition for custody and emergency temporary relief with the Rankin County Chancery Court. Two days after the petition was filed, Vaughn agreed to an order giving Davis temporary custody, with Vaughn’s receiving biweekly visitation rights, pending a final hearing.

¶ 5. Danielle remained in her grandmother’s care for the next three years and was seven years of age when the chancellor entered his final order granting Davis physical custody of Danielle, with Davis and Vaughn sharing joint legal custody. The chancellor found that Davis had stood in loco parentis since the death of Danielle’s mother, and that Vaughn had forfeited his right to rely on the natural-parent presumption when he voluntarily relinquished physical custody of Danielle in the 2004 agreed order. The chancellor then considered the Albright factors and determined that it was in the best interests of the child to remain with her grandmother. Albright v. Albright, 437 So.2d 1003 (Miss.1983).

¶ 6. Vaughn appealed the final judgment, and the case was assigned to the Court of Appeals. Relying on this Court’s decision in Grant v. Martin, 757 So.2d 264, 265 (Miss.2000), the Court of Appeals affirmed the chancellor’s award of physical custody to the grandmother. Vaughn v. Davis (Vaughn I), 37 So.3d 68 (Miss.Ct.App.2009). In Grant, 757 So.2d at 266, this Court declared that “a natural parent who voluntarily relinquishes custody of a minor child, through a court of competent jurisdiction, has forfeited the right to rely on the existing natural parent presumption.” The decision further held that, upon such forfeiture, the natural parent must demonstrate “by clear and convincing evidence that the change in custody is in the best interest of the child.” Id. Applying Grant, the Court of Appeals found that the chancellor was correct in ruling that Vaughn was not entitled to the natural-parent presumption, given [36]*36Vaughn’s having voluntarily relinquished custody of his child. Vaughn I, 37 So.3d 68.

¶ 7. This Court granted Vaughn’s petition for writ of certiorari and reversed, holding that Vaughn’s agreement to the temporary custody order did not constitute relinquishment of his parental rights. Vaughn II, 36 So.3d at 1267. The opinion found Gmnt inapplicable, noting that, unlike the mother in that case, Vaughn never had physical custody of his daughter and that he merely had allowed the grandmother temporarily to retain custody pending a final judgment. Vaughn II, 36 So.3d at 1266. However, the Court noted that “the chancellor could have treated Vaughn’s inaction prior to the agreed order as desertion of Danielle ... even though his actions/inactions d[id] not compare to the behavior our courts have found to constitute abandonment or constructive abandonment”. Id. at 1265 (citations omitted). Accordingly, this Court remanded the case with the following instructions:

Specifically, the court is to determine if Vaughn relinquished the natural-parent presumption for reasons other than forfeiture by agreeing to a temporary custody order. Three years have elapsed since the last hearing. Thus, the chancellor should consider Danielle’s circumstances at the time of the remand hearing, if he determines that desertion has been proven. As always in custody matters, the best interests of the child should guide the analysis as a polestar. As the chancellor’s judgments on joint legal custody, visitation, et cetera, were not part of this appeal, the chancellor retains his discretion in crafting the best arrangements, considering present circumstances.

Id. at 1267.

¶ 8. On remand, the chancellor initially ruled that Davis’s standing in loco paren-tis was sufficient to rebut the natural-parent presumption and, after addressing all of the Albright factors, again awarded custody to the grandmother. At the custody hearing, the chancellor emphasized his belief that Danielle would be better off living with her grandmother rather than with her father. Shortly thereafter, this Court issued its opinion in Smith v. Smith, 97 So.3d 43 (Miss.2012), reemphasizing that a third party’s in loco parentis status, standing alone, cannot rebut the natural-parent presumption. The father filed a motion to reconsider; and, in light of Smith, the chancellor found that, because Vaughn had not deserted or abandoned Danielle, and because Vaughn was not immoral or otherwise unfit as a parent, the natural-parent presumption had not been rebutted. The chancellor granted Vaughn’s motion to reconsider, reversed his earlier ruling, and awarded custody to Vaughn, subject to Davis’s visitation rights.

¶ 9. Aggrieved, the grandmother filed this appeal. The oft-cited standard of appellate review in custody matters is quite narrow: the judgment will not be reversed unless the chancellor was manifestly wrong, clearly erroneous, or applied an erroneous legal standard. See, e.g., Johnson v. Gray, 859 So.2d 1006, 1012 (Miss.2003) (citing Mabus v. Mabus, 847 So.2d 815, 818 (Miss.2003)). Here, the grandmother challenges the chancellor’s finding that Vaughn had not deserted his child and asks this Court to reconsider our jurisprudence that one standing in loco parentis is not on equal footing with the natural par-entis).

II.

¶ 10. We first address Davis’s assertion that parties standing in loco par-entis should be able to seek custody of the child without having to prove that the nat[37]*37ural parent has relinquished his or her parental rights.

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Bluebook (online)
126 So. 3d 33, 2013 WL 6115785, 2013 Miss. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-vaughn-miss-2013.