In re the Adoption of a Minor Child

931 So. 2d 566, 2006 Miss. LEXIS 111, 2006 WL 648739
CourtMississippi Supreme Court
DecidedMarch 16, 2006
DocketNo. 2004-CA-01725-SCT
StatusPublished
Cited by32 cases

This text of 931 So. 2d 566 (In re the Adoption of a Minor Child) 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
In re the Adoption of a Minor Child, 931 So. 2d 566, 2006 Miss. LEXIS 111, 2006 WL 648739 (Mich. 2006).

Opinions

SMITH, Chief Justice,

for the Court.

¶ 1. This case involves the adoption of a minor child and termination of a natural mother’s parental rights. Todd Holmes,1 [570]*570Amy Holmes, and the natural parents of the minor child petitioned the chancery court for an order granting temporary custody without prejudice to the Holmeses, which the chancellor granted. The Holmeses later petitioned the chancellor to adopt the minor child and have the rights of the natural parents terminated. The natural father joined the Holmeses in their request for adoption. The chancellor ordered that the minor child be adopted by the Holmeses and terminated the parental rights of the natural parents. The natural mother now appeals that decision to this Court.

FACTS AND PROCEDURAL HISTORY

¶ 2. Gloria Mathis (Gloria) and Tom Sanders (Tom) conceived a child, K.T.M., who was born out of wedlock on October 23, 1998.2 The Mississippi Department of Human Services (DHS) filed a complaint to determine paternity against Tom on December 1, 1999, asserting the claim pursuant to Miss. Code Ann. Section 43-19-31 because Mary Mathis (Mary), Gloria’s mother, received Title IV-D child support services. Tom was adjudged to be KT.M.’s father; Mary was awarded legal custody of K.T.M.; and a support order was later issued by the Chancery Court of Pearl River County.

¶ 3. Todd Holmes and Amy Holmes, took K.T.M. into their home around November of 2000. The Holmeses, Gloria, Tom, and K.T.M., by and through Gloria as the natural mother and next friend, petitioned the chancery court to. grant legal custody of K.T.M. to the Holmeses and for other relief. The chancellor entered a temporary order without prejudice, dated March 29, 2001, which awarded legal custody of K.T.M. to the Holmeses, provided Gloria and Tom with reasonable visitation rights, stayed Tom’s child support payments, terminated DHS benefits for K.T.M., and made the Holmeses responsible for K.T.M.’s support and maintenance. This ended DHS’s involvement in the case.

¶ 4. On January 24, 2002, the Holmeses, Tom, and K.T.M., by and through Tom as the natural father, petitioned the Pearl River Chancery Court to terminate the parental rights of both Gloria and Tom and to permit the Holmeses to adopt K.T.M.3 Gloria filed a cross-petition seeking to hold the Holmeses in contempt, award custody of K.T.M. to her, or in the alternative, modify her visitation schedule, and dismiss the Holmes’s petition to terminate parental rights. The chancellor, upon motion, appointed Anne Marie Parker as guardian ad litem (GAL) and Dr. John Pat Galloway as a specialist for K.T.M. The parties entered a pre-trial order to narrow the issues for trial, which was conducted on March 25, 2004.

¶ 5. The chancellor rendered a memorandum opinion dated May 17, 2004. The chancellor denied Gloria’s cross-petition, finding Gloria had failed to prove by clear and convincing evidence that it was in K.T.M.’s best interest for her custody to be returned to Gloria. He also found that termination of Gloria’s parental rights was justified and that adoption by the Holmes-es was in KT.M.’s best interest, based on his ultimate findings of fact:

(a) Gloria has effectively abandoned the child, and by her conduct demonstrates an attitude of disregard for the [571]*571best interest and welfare of the child, rendering her .mentally and practically unfit to rear and train the child;
(b) Gloria has not consistently offered to provide reasonably necessary food, clothing, appropriate shelter and treatment for the child;
(c) Gloria demonstrates by her conduct, that she suffers from an emotional illness or mental deficiency, and behavior or conduct disorder which makes her unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future, all this being based upon an established pattern of behavior;
(d) Todd and Amy are fully qualified and competent, are willing and anxious, and have demonstrated persuasively by their actions that they are fit and proper persons to be placed legally in the position of parents to [K.T.M.], and that the best interest of [K.T.M.] will be served by grant and adjudication of the sought adoption.

The chancellor entered a judgment, which incorporated his memorandum opinion, on June 10, 2004. Gloria filed a post-trial motion seeking, inter alia, that the court find the facts specially and state the conclusions of law separately, amend and make additional findings, grant a new trial, alter or amend the judgment, and relieve her from final judgment. The chancellor denied Gloria’s motion, and she timely filed her notice of appeal.

¶ 6. Gloria raises ten issues on appeal, alleging the chancellor erred manifestly: (1) by assuming jurisdiction when the complaint failed to state a claim upon which relief could be granted; (2) by assuming jurisdiction when an indispensable party was not a party to the action; (3) by assuming jurisdiction over the person; (4) by incorporating into its findings testimony of an expert who failed to meet qualification and investigation prerequisites; (5) by incorporating into its findings testimony of a guardian ad litem who failed to meet qualification and investigation prerequisites; (6) by finding that Gloria had voluntarily relinquished her parental rights; (7) by finding that Gloria had abandoned K.T.M.; (8) by finding that Gloria had failed to support K.T.M.; (9) by failing to consider reasonable alternatives; and (10) by terminating the mother’s parental rights and awarding adoption of her child to appellees. We affirm for the reasons stated below.

DISCUSSION

¶ 7. In cases where parental rights have been terminated, we review the chancellor’s factual findings under the manifest error/substantial credible evidence test. S.N.C. v. J.R.D., 755 So.2d 1077, 1080 (Miss.2000) (citing Vance v. Lincoln County Dep’t of Pub. Welfare, 582 So.2d 414, 417 (Miss.1991)). Under this standard, this Court asks not how it would have decided the case ab initio, but whether there is credible proof to support the chancellor’s findings of fact by clear and convincing evidence. Id. (citing Ethredge v. Yawn, 605 So.2d 761, 764 (Miss.1992)). “However, where on review it is apparent the court below has misapprehended the controlling rules of law or has acted pursuant to a substantially erroneous view of the law, we will proceed de novo and promptly reverse.” Id.

I. Jurisdictional Issues.

A. Failure to state a claim upon which relief could be granted.

¶ 8. Gloria first argues the chancellor erred in assuming jurisdiction of this matter because the Holmes’s petition failed to state a claim upon which relief could be granted. She claims the Uniform Child Custody Jurisdiction Act (UCCJA) does [572]*572not apply here and that the Holmeses failed to cite any statutory authority for bringing them action. She contends the chancellor deprived her of raising this defense at trial, pursuant to Mississippi Rule of Civil Procedure (M.R.C.P.) 81, by deeming this defense abandoned.

¶ 9. Gloria cites In re Adoption of C.L.B.,

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Bluebook (online)
931 So. 2d 566, 2006 Miss. LEXIS 111, 2006 WL 648739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-a-minor-child-miss-2006.