Lo v. Gv

37 So. 3d 1248, 2010 Miss. App. LEXIS 315, 2010 WL 2490777
CourtCourt of Appeals of Mississippi
DecidedJune 22, 2010
Docket2008-CA-01992-COA
StatusPublished

This text of 37 So. 3d 1248 (Lo v. Gv) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lo v. Gv, 37 So. 3d 1248, 2010 Miss. App. LEXIS 315, 2010 WL 2490777 (Mich. Ct. App. 2010).

Opinion

37 So.3d 1248 (2010)

L.O., Appellant
v.
G.V., Appellee.

No. 2008-CA-01992-COA.

Court of Appeals of Mississippi.

June 22, 2010.

*1249 Brandon Larue Brooks, attorney for appellant.

G.V., appellant, pro se.

Before LEE, P.J., IRVING, GRIFFIS and ISHEE, JJ.

GRIFFIS, J., for the Court:

¶ 1. Lori[1] appeals the Forrest County Chancery Court's judgment terminating her parental rights to her daughter, Jenny. Lori contends that: (1) Jenny does not have deep-seated antipathy toward Lori, and she did not abandon Jenny; therefore, the burden to terminate Lori's parental rights was not met; (2) Jenny's father, George, interfered with Lori's visitation rights; and (3) it is in Jenny's best interest that Lori's parental rights not be terminated. We find no reversible error and affirm.

FACTS

¶ 2. Jenny, the natural daughter of Lori and George, was born on April 1, 1997. On January 24, 2000, an order was entered establishing paternity and child support against George. Lori was given primary *1250 physical custody, and George was given reasonable rights of visitation.

¶ 3. On September 18, 2002, an agreed order was entered by the parties. The order stated that a material change in circumstances justified a modification of custody. George was given temporary physical custody of Jenny until further notice of the chancery court. George testified that the parties agreed to this change in custody because Lori was then abusing drugs and had experienced an overdose in 2002.

¶ 4. Jenny has been in George's custody ever since this modification. George is now married to Rebecca. Jenny has a good relationship with her stepmother and calls her "mama." Rebecca intends to adopt Jenny following the termination of Lori's parental rights.

¶ 5. The September 18, 2002, order also gave Lori supervised visitation rights. She was allowed to visit with Jenny every other weekend at the home of Lori's stepmother, Deborah. George testified that Lori did not exercise her visitation rights under this order.

¶ 6. On November 26, 2003, following trial, the chancellor entered an order granting George permanent physical custody of Jenny. Lori was given reasonable rights of visitation, and she was required to pay $150 per month in child support. The order further enjoined Lori from allowing any contact between Jenny and Drew, the father of one of Lori's children. Lori exercised her visitation with Jenny until March 12, 2004. Lori's last phone contact with Jenny was on April 9, 2004.

¶ 7. After Lori ceased to exercise her visitation, Deborah continued to get Jenny during the visitation weekends. Deborah testified that Lori visited with Jenny for short periods of time while Jenny was at Deborah's home. This continued until February 2006 when Deborah's husband attempted suicide. At that point, Jenny became fearful of spending the night at Deborah's home and the visitations ended.

¶ 8. On October 13, 2006, Lori filed a petition for contempt alleging that she had been denied visitation. On February 8, 2007, George answered and filed a counterpetition for contempt, modification, and/or termination of parental rights.

¶ 9. The chancellor appointed a guardian ad litem to determine what schedule of visitation with Lori would be in the best interest of the child. Following an investigation, the guardian ad litem recommended that Lori should have no visitation with Jenny because of the erosion of their relationship.

¶ 10. Lori then requested that the chancellor allow a licensed counselor to interview the parties. Dr. John P. Galloway was appointed as counselor. In his findings, Dr. Galloway addressed the disruption in Jenny's life cause by Lori's behavior. Dr. Galloway found that Jenny thought her mother was selfish and self-centered. He further found that Jenny felt rejected by her mother. However, Dr. Galloway concluded that he did not find Jenny to be more upset or angry than any other child who has a parent with a drug addiction.

¶ 11. Trial on the issue of the termination of Lori's parental rights was held on August 19, 2008, and September 18, 2008. Lori testified that she was thirty-seven years old with three children by three different fathers. Her oldest son, age fourteen, lives with his paternal grandmother. Lori also lost custody of her son in 2002 due to her drug addiction. Jenny is Lori's middle child, and Lori's youngest daughter is seven years old. Drew is the father of the youngest daughter, and he and Lori previously used drugs together. *1251 Lori currently has custody of her daughter with Drew.

¶ 12. Unlike her relationship with Jenny, Lori has continued to visit and support her son. She also supports her youngest daughter who is in her custody. Lori testified that she maintained these relationships with her other two children despite a period of over two-and-a-half years when she failed to pay her child support for Jenny. She also gave the other children Christmas and birthday presents and talked to them on the telephone. Lori did not do so for Jenny.

¶ 13. The chancellor found that Lori had not been a part of Jenny's life for more than two years prior to the filing of termination proceedings and that there is antipathy and anger from Jenny toward Lori. Accordingly, the chancellor found that Lori's parental rights should be terminated.

STANDARD OF REVIEW

¶ 14. Our appellate review of a chancellor's decision to terminate parental rights is limited to a review of the chancellor's findings of fact under the manifest error/substantial credible evidence test. S.N.C. v. J.R.D., 755 So.2d 1077, 1080 (¶ 7) (Miss.2000) (quotation omitted). "[T]he chancellor must find grounds for termination by clear and convincing evidence in order to terminate the parental rights of a parent regarding the child." A.C.W. v. J.C.W., 957 So.2d 1042, 1045 (¶ 12) (Miss. Ct.App.2007) (citing Miss.Code Ann. § 93-15-109 (Rev.2004)). Questions of law are reviewed de novo. S.N.C., 755 So.2d at 1080 (¶ 7).

ANALYSIS

1. Whether George met his burden of proof to terminate Lori's parental rights.

¶ 15. Lori claims that George did not prove grounds for the termination of her parental rights by clear and convincing evidence. George failed to file a brief in response to Lori's claims on appeal. Usually such failure is tantamount to a confession of the appellant's assignments of error; however,

when matters on appeal touch the welfare of a minor child, then regardless of whether a party filed a brief, this Court will "reach the merits of the issues in this appeal, though we proceed unaided by a brief from the appellee." Allred v. Allred, 735 So.2d 1064 [, 1067] (¶ 9) (Miss.Ct.App.1999); see also Barber v. Barber, 608 So.2d 1338, 1340 (Miss.1992) (holding that despite our ordinary practice of taking issues as confessed when a party fails to file a brief; in matters of child custody and support, practice is to make a special effort to review the record and the merits of the issues raised).

N.E. v. L.H., 761 So.2d 956, 962 (¶ 14) (Miss.Ct.App.2000).

¶ 16. "The reasons for which parental rights may be terminated are controlled by the Legislature. The courts have no right, authority or power to add to those reasons." Gunter v. Gray, 876 So.2d 315, 319 (¶ 19) (Miss.2004). Mississippi Code Annotated section 93-15-103 (Rev.

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Bluebook (online)
37 So. 3d 1248, 2010 Miss. App. LEXIS 315, 2010 WL 2490777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lo-v-gv-missctapp-2010.