Weaver v. Parks

947 So. 2d 1009, 2006 WL 3593193
CourtCourt of Appeals of Mississippi
DecidedDecember 12, 2006
Docket2005-CA-00932-COA
StatusPublished
Cited by5 cases

This text of 947 So. 2d 1009 (Weaver v. Parks) 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
Weaver v. Parks, 947 So. 2d 1009, 2006 WL 3593193 (Mich. Ct. App. 2006).

Opinion

947 So.2d 1009 (2006)

Maurice WEAVER, Appellant
v.
Debra PARKS, Appellee.

No. 2005-CA-00932-COA.

Court of Appeals of Mississippi.

December 12, 2006.

*1010 Lisa Mishune Ross, attorney for appellant.

Louis Joseph Guichet, Brandon, attorney for appellee.

Before MYERS, P.J., BARNES and ISHEE, JJ.

BARNES, J., for the Court.

¶ 1. Maurice Weaver was found to be in constructive criminal contempt of court for absconding with his minor child, Madison Chloe Weaver, in violation of an agreed order and for his refusal to return and submit to the jurisdiction of the Chancery Court of Hinds County. Unaware of her client's whereabouts, Weaver's counsel perfected his appeal, asserting error as follows: (1) the chancellor improperly refused to recuse himself from the criminal contempt hearing, (2) the chancellor failed to make factual findings with respect to the Albright factors when he awarded temporary custody of Chloe to Debra Parks, Chloe's maternal grandmother, and, (3) Weaver's rights to due process were violated when the chancellor held an ex parte hearing of Parks's habeas corpus petition without summons or proof of service. Finding the fugitive dismissal rule applicable to this case, we dismiss Weaver's appeal sua sponte.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. Madison Chloe Weaver[1] was born on October 17, 2003. At the time of Chloe's birth, her mother, Chastity Cook, and Maurice Weaver were not married nor had the couple taken any other steps to legally establish Weaver's paternity.[2] Approximately three and one-half months later, *1011 on or about February 1, 2004, Chastity Cook passed away. Subsequent to Chastity's death, Chloe lived with Maurice Weaver and his mother until March 15, 2004. On this date, Debra Parks, Chastity's mother—and Chloe's maternal grandmother—took custody of Chloe. Chloe was residing with Parks when the complaint which began the instant action was filed.

¶ 3. On March 29, 2004, Weaver filed a "Complaint for Custody and Paternity" in Hinds County Chancery Court. In this complaint, Weaver sought custody of Chloe and also sought an adjudication of his paternity of Chloe. To this end, Weaver asserted his willingness "to submit to an order requiring the parties to submit to a blood or other genetic test to determine paternity. . . ." A DNA test was performed in May, 2004, establishing the probability of Weaver's paternity of Chloe to be 99.81%. An agreed order was entered on May 27, 2004, "allowing Maurice Weaver, the natural father of Madison Chloe Weaver, visitation rights . . . from 5:00 p[.]m. Friday, May 28, 2004 until 6:00 p.m. Monday, May 31, 2004." Pursuant to this order, Chloe was to be picked up from and returned to the home of Debra Parks. A second agreed order was entered on June 14, 2004. This agreed order granted regular weekend visitation to Weaver "from 5:00 p.m. Friday, on every first, third, and fifth weekend of a month until 6:00 p.m. Sunday." Additionally, this order provided for visitation on Wednesdays from 6:00 p.m. to 8:00 p.m. According to the agreed order, at the conclusion of weekend visitation, "Madison Chloe Cook shall be dropped off at the residence of Debra Parks on Sunday at 6:00 p.m. by Maurice Weaver or a member of his family." The order further provided that at the end of each Wednesday visitation, "Madison Chloe Cook shall be picked up at Maurice Weaver's Mother's residence at 8:00 p.m. by Debra Parks or a member of her family."[3] The foregoing visitation schedule was made by agreement of the parties and order of the court "pending a hearing on Maurice Weaver's Petition for Custody."

¶ 4. On or about September 22, 2004, Cathy Weaver Terrell, Weaver's mother, came to Parks's residence to pick Chloe up for Weaver's Wednesday visitation. According to Terrell's contempt hearing testimony, when she arrived at Parks's residence, she noticed several red marks on Chloe's body. The precise nature and severity of the red marks was not known at that time. According to Terrell, after arriving home with Chloe and conferring with Weaver regarding the marks, Weaver "called DHS, contacted his attorney." Terrell further testified that "DHS had suggested that we at least take the baby to the emergency room and find out what the marks were." Weaver and Terrell proceeded to take Chloe to the emergency room.

¶ 5. After some time had passed at the emergency room, Terrell called Parks and informed her that Terrell and Weaver, along with Chloe, were at the emergency room. By this time, the 8:00 p.m. deadline for Weaver's Wednesday visitation had passed. What happened when Parks arrived at the emergency room is somewhat contested. In any event, it is uncontested that Parks expressed her desire that Chloe not see the emergency room doctor that night. Parks's version is that it was late, almost 10:00 p.m., and that Parks insisted that she would take Chloe to see her pediatrician the following morning. Terrell testified that Parks basically "objected and [asked] who had given this authorization *1012 [for Chloe to be treated]." That same night, and while the parties were still at the emergency room, Weaver absconded with Chloe and has since refused to return Chloe to the custody of Parks or to submit to the jurisdiction of the Hinds County Chancery Court.

¶ 6. On September 28, 2004, Parks filed a "Petition for Emergency Hearing and Contempt Charges," citing Weaver's violation of the June 14, 2004 agreed order. On October 7, Parks filed a "Petition for Habeas Corpus and Other Emergency Relief." In this petition, Parks again cited Weaver's refusal to return Chloe from the Wednesday, September 22 visitation, in violation of the agreed order. Parks requested that physical custody of Chloe be "immediately returned to Debra Parks from Maurice Weaver," and that a habeas corpus order be entered directing authorities to assist in securing Parks's custody of Chloe. On the same day the petition was filed, the chancellor entered an "Order of Habeas Corpus and Other Emergency Relief and Writ of Assistance." This order acknowledged that Parks "has temporary custody of [Chloe] pending a hearing on Maurice Weaver's Petition for Custody and Debra Parks' Counterclaim for Custody."[4] This order further acknowledged that Weaver had failed to return Chloe following visitation as provided for in the "Agreed Order." Accordingly, the order directed "any . . . qualified officer or agency . . . to immediately take the body of Madison Chloe Cook from Maurice Weaver, or from his relatives, or from whatever location the minor child is presently located. . . ."

¶ 7. Parks filed another petition for contempt charges on December 14, 2004, citing her inability to locate either Weaver or Chloe and asserting Weaver's "intentional violation of not only The Order of Habeas Corpus, but also the Agreed Order entered into by this Court." Parks filed a third petition for contempt charges on January 18, 2005. Weaver responded to this petition, alleging, inter alia, that Parks was unfit to have custody of Chloe and asserting several specific occurrences to support this allegation. As to the contempt charges, Weaver stated that his "intentions were never to dishonor the court order" and that he "was very concerned of the unwillingness of Debra Parks to allow my daughter to be examined by the doctor" regarding alleged flea bites. Weaver proceeded to "ask forgiveness for behaving in a way disallowed by the court order dated June 14, 2004," stating that his "only concern is the health, safety, and welfare of [his] daughter, Madison Chloe."

¶ 8.

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Cite This Page — Counsel Stack

Bluebook (online)
947 So. 2d 1009, 2006 WL 3593193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-parks-missctapp-2006.