F.D.P. v. J.S.B.

822 So. 2d 949, 2002 Miss. LEXIS 222, 2002 WL 1722058
CourtMississippi Supreme Court
DecidedJuly 25, 2002
DocketNo. 1999-CA-01817-SCT
StatusPublished
Cited by14 cases

This text of 822 So. 2d 949 (F.D.P. v. J.S.B.) 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
F.D.P. v. J.S.B., 822 So. 2d 949, 2002 Miss. LEXIS 222, 2002 WL 1722058 (Mich. 2002).

Opinions

DIAZ, J.,

for the court.

¶ 1. J.E.B., the minor herein, was born on August 28, 1990. He resided with his mother, L.P., and Ms father, J.B., until his mother’s death in May 1991. After her death, J.E.B. lived with his maternal grandparents, F.D.P., Sr. and J.P., and they were appointed his legal guardians on September 16,1991.

¶ 2. Subsequently, the maternal grandparents petitioned the Forrest County Chancery Court for adoption of J.E.B. The late Chancellor Honorable William Robert Taylor, Jr. entered a document entitled “Agreed Judgment of Adoption” on March 25, 1994. It is this agreement that gives rise to the current dispute. The adoption agreement reflects an agreement reached between the maternal grandparents and the father whereby the maternal grandparents were declared to be J.E.B.’s adoptive parents. The same agreement also specifically reserved the parental rights of the natural father. Further, the agreement granted both the natural father and the paternal grandmother, C.B., visitation rights. The visitation rights for the natural father and paternal grandmother were agreed upon because all of the parties involved literally lived, and continue to live, in the same neighborhood. There was never a termination of parental rights hearing nor an agreement to terminate the father’s parental rights.

¶ 3. Almost two and one-half years later, in August 1996, the maternal grandparents filed a Petition for Modification requesting modification of the visitation schedule. The father responded by filing a Petition to Vacate Adoption on April 3, 1997, and a Motion for Relief from Judgment of Adoption, or in the Alternative, Motion for Summary Judgment on March 2, 1998. He [951]*951claimed that the specific reservation of his parental rights was a failure to comply with the statute governing adoptions, thus rendering the judgment void. It was the maternal grandparents’ position that the father’s motions were barred by the statute of limitations. The chancellor granted the Motion for Relief from Judgment of Adoption, or in the Alternative, Motion for Summary Judgment in favor of the natural father and set aside the Judgment of Adoption on September 4,1999. It is from this judgment that the maternal grandfather now appeals. The maternal grandmother is now deceased. On appeal, the maternal grandfather cites the following issue as summarized by the Court:

I. WHETHER THE LOWER COURT ERRED IN SETTING ASIDE THE ADOPTION.

Finding error, we reverse and render.

ANALYSIS

¶ 4. Questions- of law are reviewed under the de novo standard. Department of Human Servs. v. Gaddis, 730 So.2d 1116, 1117 (Miss.1998). There are actually two questions before this Court: (1) whether the adoption is void as a matter of law and (2) whether the six-month statute of limitations set forth in Miss.Code Ann. § 93-17-15 (1994) should have barred the father’s motions in the chancery court. It is this Court’s opinion that this inquiry is purely a matter of law. Thus, the de novo standard is appropriate.

I. WHETHER THE LOWER COURT ERRED IN SETTING ASIDE THE ADOPTION.

¶ 5. The grandfather argues that Miss.Code Ann. § 93-17-15 should have precluded the father’s petition in the court below. The statute states that:

No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process or on process by publication, except within six months of the entry thereof.

¶ 6. Furthermore, our legislature has declared it to be the public policy of the state that “no adoption proceedings shall be permitted to be set aside except for jurisdictional defects and for failure to file and prosecute the same under the provisions of this chapter.” Miss.Code Ann. § 93-17-17 (emphasis added). Thus, setting aside adoption decrees is disfavored even before six months has expired.

¶ 7. J.E.B. first began living with his maternal grandparents when he was less than a year old in May of 1991, shortly following his mother’s death. The maternal grandparents were appointed his legal guardians approximately four months later in September of 1991. The Agreed Judgment of Adoption was entered in March of 1994. It was not until approximately three years after the adoption agreement that the father filed a petition to have it vacated, and it was not until four years later that he filed the Motion for Relief of Judgment of Adoption, or in the Alternative, Motion for Summary Judgment. Thus, the grandfather asserts that because the father both voluntarily entered into the agreement and failed to raise any objections to the adoption within the following six-month period, the chancellor erred by vacating the adoption.

¶ 8. Conversely, the father claims that the Agreed Judgment of Adoption failed to comply with the statute governing final decrees. Specifically, his position is that because his parental rights were never terminated, the adoption was void as a matter of law. He further asserts that since it is void as a matter of law, the six-month limitations period simply does not apply. This was essentially the holding in the chancery court.

[952]*952¶ 9. We disagree. There is no jurisdictional defect here. Thus, the adoption is not void. Under statute, an adoption decree shall, among other things, terminate the rights of parents who are not the spouse of the adopting parent. Miss.Code Ann. § 93-17-13 (Supp.2001) provides that “in addition to such other provisions as may be found by the court to be proper for the protection of the interests of the child,” all parental rights of the natural parents are cut off by an adoption, except in the case of a natural parent who is the spouse of an adopting parent.

¶ 10. In Humphrey v. Pannell, 710 So.2d 392 (Miss.1998), this Court dealt with an agreed decree retaining visitation rights in the natural father. There, the Agreed Decree provided that the natural father acknowledged the adoption, but the adoptive parents acknowledged that the natural father is the natural father and the Final Decree of Adoption should be modified to the extent that the natural father is recognized as such and that his parental rights were not terminated. Id. at 399. The Court noted that a parent giving up a child for adoption “can not retain all of his parental rights or else the adoption is rendered meaningless.” Id. The Court further stated that our adoption statutes “clearly provide a good illustration of the intent of the Legislature that the adoption process give rise to a new relationship between the adoptive parents and child which is not subject to endless legal contests.” Id. We further stated:

In the view of this Court, the public policy considerations favoring the permanence of adoptions are inconsistent with an interpretation of § 93-17-13 which would permit the sort of post-adoption modification of custody battles which have arisen in the present case.

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Bluebook (online)
822 So. 2d 949, 2002 Miss. LEXIS 222, 2002 WL 1722058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fdp-v-jsb-miss-2002.