68 So. 3d 758
Miss. Ct. App.2011Background
- Chancery Court granted Kim Yates full custody of minor R.A. in 2003 divorce and Thomas received supervised visitation at Annie Brown's home every other weekend.
- In 2006, Thomas sought unsupervised visitation; Kim sought suspension of visitation due to allegations of Thomas's sexual abuse of R.A.; temporary order suspended visitation.
- Thomas's parental rights were terminated in 2007.
- In 2008, Annie Brown petitioned for grandparent visitation; Kim challenged constitutionality of the grandparent-visitation statute; chancery court found the statute constitutional but denied visitation.
- The Mississippi Court of Appeals found the chancery court erred by denying visitation where Martin-factor analysis favored visitation and R.A.'s best interests supported visitation, and remanded for limited visitation consistent with that analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the denial of grandparent visitation conflict with Martin factors? | Brown; Martin factors favored visitation | Yates; custodial parent's wishes deserve weight | Reversed and remanded for visitation consistent with Martin factors |
| Is Kim's constitutional challenge to the Grandparents' Visitation Rights Act properly before the court? | Brown argues statute constitutional | Yates argues statute unconstitutional and cross-appeal required | Not considered; procedural bar due to lack of cross-appeal |
Key Cases Cited
- Stacy v. Ross, 798 So.2d 1275 (Miss. 2001) (parental rights given special weight; compelling circumstances required for interference)
- Martin v. Coop, 693 So.2d 912 (Miss. 1997) (Martin factors guiding grandparent visitation analysis)
- Delta Chem. & Petroleum, Inc. v. Citizens Bank of Byhalia, 790 So.2d 862 (Miss. Ct. App. 2001) (cross-appeal requirement to alter lower court judgment)
- Dunn v. Dunn, 853 So.2d 1150 (Miss. 2003) (cross-appeal rule for appellee seeking reversal)