Smith v. Wilson

90 So. 3d 51, 2012 WL 1538297, 2012 Miss. LEXIS 219
Mississippi Supreme Court·Decided May 3, 2012·No. No. 2010-CA-02002-SCT·Published·Cited by 18 cases

Opinion

KING, Justice,

for the Court:

¶ 1. Charlotte and Larry Wilson, parents of Crystal Wilson (deceased), filed an action requesting visitation with their grandchildren. The chancellor granted the request. Aggrieved, Stephen Smith, Crystal’s former husband, and Melissa LuAnn Smith, Stephen’s current wife, appeal the chancellor’s decision and challenge the constitutionality of Mississippi’s grandparent-visitation statutes. The Smiths raise four issues on appeal:

I. Whether sections 93 — 16—3—(1) and 93-16-5 and Martin v. Coop1 are unconstitutional in light of Troxel v. Granville.2
II. Whether Mississippi Code sections 93-16-3(1) and 93-16-5, the Martin factors, and the elements set forth by the United States Supreme Court in Troxel violate the Smiths’ due process rights.
III. Whether the chancellor erred in applying the Martin factors.
IV. Whether the chancellor granted excessive grandparent visitation.

¶ 2. We hold the following: (I) Mississippi’s grandparent-visitation statute and the Martin factors do not violate the Constitution. (II) The chancellor did not err in applying the grandparent-visitation statutes, the Martin factors, and Troxel to this case. (Ill) The chancellor properly applied the Martin factors. (IV) And the Wilsons’ visitation is not excessive. Thus, we affirm the chancellor’s judgment.

FACTS AND PROCEDURAL HISTORY

¶ 3. Crystal Wilson married Stephen Brian Smith in December 2001. Two children were born of the marriage: Breely, born June 23, 2002, and Banks, born Au[54] gust 28, 2006. In January 2007, Stephen secured employment with the Boeing Company, which prompted a family move to Ohio. Tragically, Crystal died in a car accident later that month. Stephen immediately moved his family to Hamilton, Mississippi, where they lived with Crystal’s parents, Charlotte and Larry Wilson.

¶ 4. Stephen lived with the Wilsons a few months before moving back into the family home in Columbus, Mississippi. Stephen let Breely and Banks live with the Wilsons for two and a half years. During this time, Stephen obtained a college degree from the Mississippi University of Women, where he met Melissa Luann Smith, whom he married October 31, 2008.

¶ 5. The Smiths desired to move the children into the family home and expressed this desire to the Wilsons on several occasions. According to Stephen, Charlotte would object, become upset, and cry. Thus, the Smiths let the children finish the school year living at the Wilsons’ home. The Smiths moved the children to their home in July 2009, and the children continued to visit the Wilsons on most weekends.

¶ 6. According to Stephen, his relationship with the Wilsons became strained in the fall of 2009. But the Wilsons could think of no events which would have strained their relationship at that time. Stephen testified that the Wilsons would not enforce his house rules-no eating in the bedroom, children must brush their teeth at certain times, no running and screaming inside, and children must respect adults. Linda Smith, Stephen’s mother, testified that the children were also hyper and disobedient after staying with the Wilsons. Additionally, Stephen complained that the Wilsons openly had criticized him in front of the children, and Charlotte had questioned his choice of school for Breely. But Charlotte did not voice her opinion to Stephen; Linda had informed Stephen of Charlotte’s dissatisfaction many months later. Believing the Wilsons were undermining his parenting, the Smiths decreased the Wilsons’ visitation with Breely and Banks in the spring of 2010.

¶ 7. The tension between the Smiths and the Wilsons came to a head during Easter weekend in April 2010. The children spent the weekend with the Wilsons. As Charlotte was bathing Banks, she noticed a bruise on his left thigh.3 Charlotte questioned Breely about the bruise, and she informed Charlotte that Stephen had given Banks sixteen licks with a belt. Larry attempted to take Banks to a clinic, but it was closed. The receptionist instructed Larry to take Banks to the Sheriffs Department. He did, and the Sheriffs Department contacted the Department of Human Services (DHS). From there, DHS launched an investigation into Banks’s alleged abuse. Stephen admitted spanking Banks but denied bruising him. No formal action resulted from the investigation.

¶ 8. Upset by this series of events, the Smiths denied the Wilsons further visitation with Breely and Banks. The Wilsons then filed a complaint for visitation in the Lowndes County Chancery Court on June 7, 2010.4 The Smiths confronted the Wil-sons about the complaint. Stephen admitted telling Larry he would give him a “terrible ass whooping.” And according to Charlotte, Melissa threatened her via text [55] and voice-mail messages.5 Melissa also assaulted Charlotte.

¶ 9. In July 2010, the Smiths moved to Illinois. When asked why they had moved, Stephen stated the move was for employment opportunities.6 But the Wil-sons testified that the Smiths had moved in retaliation to their complaint.7 Since the move, the Smiths have not allowed the Wilsons any contact with the children.

¶ 10. Stephen stated he is entitled to decide what is best for his children. And he believes visitation with the Wilsons would be emotionally detrimental to Breely and Banks. Since ending visitation with the Wilsons, Stephen stated his children are now well-adjusted and happy. Stephen would not state specifically when he thought it would be fit to resume visitation and indicated that he “might” abide by a court order.8 Charlotte stated visitation would be beneficial to the children, because they are the only connection the children have to their mother Crystal.

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Smith v. Wilson, 90 So. 3d 51, 2012 WL 1538297, 2012 Miss. LEXIS 219 (Mich. 2012).

90 So. 3d 51 (Smith v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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