Jp v. Svb

987 So. 2d 975, 2008 WL 3100817
CourtMississippi Supreme Court
DecidedAugust 7, 2008
Docket2007-CA-00165-SCT
StatusPublished
Cited by1 cases

This text of 987 So. 2d 975 (Jp v. Svb) 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
Jp v. Svb, 987 So. 2d 975, 2008 WL 3100817 (Mich. 2008).

Opinion

987 So.2d 975 (2008)

J.P. and C.P.
v.
S.V.B. and M.B.

No. 2007-CA-00165-SCT.

Supreme Court of Mississippi.

August 7, 2008.

*976 Jason D. Herring, tupelo, Chadwick Gordon Robison, attorneys for appellants.

Carter Dobbs, Jr., attorney for appellees.

Before DIAZ, P.J., CARLSON and RANDOLPH, JJ.

*977 CARLSON, Justice, for the Court.

¶ 1. Aggrieved by the chancellor's grant of custody of their thirteen-year-old daughter to her maternal grandparents, the parents appeal to us. Finding from the record that the chancellor did not abuse her discretion concerning the child-custody award and that the child-custody award is supported by substantial evidence in the record, we affirm the judgment of the Clay County Chancery Court.

FACTS AND PROCEEDINGS IN THE TRIAL COURT[1]

¶ 2. On March 14, 2006, Scott and Marie Barr filed a complaint for Child Custody and Other Relief in the Chancery Court of Clay County. In their Complaint, the Barrs sought custody of their granddaughter, Rebecca Palmer, a minor child born to Jackson Palmer and Catherine Palmer, who is the Barrs' daughter. At the time the complaint was filed, the Palmers were married and the parents of four children, and Catherine was pregnant with their fifth child. In their complaint, the Barrs alleged that Jackson committed a violent assault upon the Palmers' oldest child, Rebecca, and that the Palmers were mentally, morally, and otherwise wholly unfit to have the care, custody, and control of the minor children and of the unborn child of the Palmers. The Barrs further asserted that, as the maternal grandparents of the minor children, they were fit and proper persons to have the care, custody, and control of the Palmers' minor children and their unborn child.

¶ 3. On April 25, 2006, at the conclusion of a temporary custody hearing, the Barrs were awarded temporary custody of the Palmers' oldest minor child, Rebecca Palmer, subject to visitation by the Palmers. Additionally, attorney Thad Buck was appointed as guardian ad litem for the minor children.[2]

¶ 4. On August 10, 2006, Buck filed his Final Report of Guardian Ad Litem in which he submitted "it is the opinion of the Guardian Ad Litem that it is in the Best Interest of [Rebecca Palmer] to be placed back into the home of her parents. I further find that the prior altercation was an isolated incident and that in my opinion there does not exist any danger of this happening again. I find no reason for her not living with her parents. And I further find that there exists no reason for the removal of any of the other children from the home of the parents."

¶ 5. On August 17, 2006, a trial was held in the Chancery Court of Clay County, Chancellor Dorothy W. Colom presiding. At the conclusion of the trial, Chancellor Colom took this matter under advisement for subsequent entry of an opinion and judgment. On November 14, 2006, the chancellor entered her opinion finding, inter alia, that custody of Rebecca should be granted to the Barrs, subject to visitation by the Palmers. In her opinion, Chancellor Colom relied on Mississippi Code Annotated Section 93-5-24(9) and found the following facts:

*978 The Court finds from a preponderance of the credible evidence that one incident of family violence occurred on February 4, 2006, when Father struck Mother and slapped [Rebecca] more than once, causing her nose to bleed. The Court finds this incident caused serious bodily injury to [Rebecca]. Further, according to the testimony of LaKicha Montgomery, [Rebecca's] counselor at Community Counseling, the child believes Father presents a danger to her. In addition, the Court finds by a preponderance of the evidence that Father has engaged in a pattern of family violence against Mother that has been witnessed by [Rebecca] and this has had a negative effect on her. Neither Mother or Father presented any credible evidence to rebut the presumption of § 93-5-24(9) of the Mississippi Code of 1972, as amended. The only counseling or parenting classes either party has attended have been self-taught.
Therefore, the Court grants Grandparents custody of [Rebecca]. The Court is not following the recommendation of the Guardian ad litem as it is clear to the Court that the GAL did not consider § 93-5-24(9) of the Mississippi Code of 1972, as amended, when he made the recommendation.

In reference to the chancellor's finding that "[t]he only counseling or parenting classes either party has attended have been self-taught," the chancellor added a footnote stating: "At first Mother testified Father could not afford counseling, then later she changed her testimony and testified both would undergo counseling if the Court desired it. She also testified that she had bought some books and both she and Father now talk when they have problems. Father testified he did not need counseling or anger management classes." Concerning her finding that the Court was granting the grandparents custody of Rebecca, the chancellor added a footnote stating: "Mother is not a suitable person to be granted custody of [Rebecca] as Father resides in the household with her. In addition, the credible evidence is that Mother rationalizes Father's violent behavior."

¶ 6. On January 18, 2007, the chancery court entered its Order enforcing the grant of custody of Rebecca to the Barrs, but denying the Barrs custody of the Palmers' other minor children. From this final judgment, the Palmers have appealed to us, asserting five issues: (1) whether the chancellor erred in determining that the isolated incident of February 4, 2006, caused serious bodily injury to the minor child; (2) whether the chancellor erred in awarding a third party custody of a minor child over the natural parents, based upon an isolated incident that did not result in serious bodily injury; (3) whether the chancellor erred in applying the rebuttable-presumption provision of Mississippi Code Annotated Section 93-5-24(9) in this custody dispute between natural parents and a third party; (4) if the rebuttable presumption provisions of Section 93-5-24(9) are applicable in this case, whether the chancellor erred in granting custody to a third party instead of an innocent natural parent; and (5) whether the chancellor erred by not following, or properly acknowledging, the recommendation of the guardian ad litem in this matter.

DISCUSSION

¶ 7. For the sake of clarity in today's discussion, we will combine and restate the issues. Since all the issues in today's case involve matters related to a chancellor's award of child custody, our standard of review is limited. Reversal of a chancellor's judgment occurs only if a chancellor is "manifestly wrong" or "applied an erroneous legal standard." Floyd *979 v. Floyd, 949 So.2d 26, 28 (Miss.2007) (citing Powell v. Ayars, 792 So.2d 240, 243 (Miss.2001)). We will not reverse the chancellor's "factual findings where there is substantial evidence in the record supporting these findings of fact." Id. (citing Cooper v. Crabb, 587 So.2d 236, 239 (Miss. 1991)). It is the chancellor's role to ascertain "whether witnesses and evidence are credible and the weight to give each." Robison v. Lanford, 841 So.2d 1119, 1122 (Miss.2003) (citing Chamblee v. Chamblee, 637 So.2d 850, 860 (Miss.1994)). Furthermore, it is the responsibility of this Court, like the chancellor, to make the best interest of the child our "polestar" consideration. Hensarling v. Hensarling, 824 So.2d 583, 587 (Miss.2002).

I.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Arthur Randallson v. Randall Green
203 So. 3d 1190 (Court of Appeals of Mississippi, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
987 So. 2d 975, 2008 WL 3100817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jp-v-svb-miss-2008.