Bolivar v. Waltman
2012 Miss. App. LEXIS 192
| Miss. Ct. App. | 2012Background
- Bolivar grandparents were co-guardians of two grandchildren due to parents' long-term substance abuse; Waltman sought grandparent visitation from the paternal grandmother; chancellor granted visitation equal to the father's under the divorce judgment; the parents, who are necessary parties, were not joined; on appeal the court vacated the judgment for lack of jurisdiction and remanded to apply the grandparent-visitation statute and Martin factors; the court emphasized mandatory joinder of natural parents and need for detailed Martin-factor findings on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the chancellor's action void for lack of joinder of necessary parties? | Bolivars: parents must be joined under 93-16-5; lack of joinder voids jurisdiction. | Waltman: visitation should be decided regardless of parental joinder; chancellor's order was proper. | Yes; lack of joinder deprived jurisdiction; vacate and remand. |
| What framework governs grandparent visitation and what findings are required? | Bolivars: must apply 93-16-3 and provide Martin-factor findings. | Waltman: substantial visitation benefits justify award; standard not fully stated. | Statutory framework and Martin factors control; require explicit findings on remand. |
| What must be done on remand? | Joinder of parents and full Martin-factor analysis. | Maintain visitation order if justified once parties joined. | Remand with joinder of parents and explicit Martin-factor findings. |
Key Cases Cited
- Townes v. Manyfield, 883 So. 2d 93 (Miss. 2004) (Martin factors must be discussed in grandparent visitation cases)
- Martin v. Coop, 693 So. 2d 912 (Miss. 1997) (foundational framework for Martin factors in visitation decisions)
- Garrett v. Bohannon, 621 So.2d 935 (Miss. 1993) (mandatory 'shall' language as jurisdictional in procedural joinder)
- In re Guardianship of Z.J., 804 So.2d 1009 (Miss. 2002) (jurisdiction and party-joinder considerations in guardianship-related matters)
- T.T.W. v. C.C., 839 So.2d 501 (Miss. 2003) (application of Martin factors in grandparent visitation)