Elle Adams v. John Leon Rice
196 So. 3d 1086
| Miss. Ct. App. | 2016Background
- Mother Elle Adams and father John Rice dispute custody and visitation of their son born Sept. 19, 2013; paternity action filed by Rice Dec. 30, 2013 in Oktibbeha County Chancery Court.
- Parties presented conflicting accounts of their relationship, cohabitation, and interactions with Adams’s daughters; credibility findings favored Rice’s witnesses and disfavored Adams’s witnesses.
- Chancellor awarded joint legal custody to both parents, primary physical custody to Adams, unsupervised visitation to Rice, child support, and apportionment of medical/hospital birth expenses.
- Adams appealed pro se, challenging unsupervised visitation/joint legal custody, failure to appoint a guardian ad litem, and denial of forum non conveniens under the UCCJEA.
- Trial court found no credible evidence that Rice was unfit or dangerous to the child, noted Adams’s hostility toward Rice, and exercised Mississippi jurisdiction because the child’s home state and witnesses were in Mississippi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unsupervised visitation and joint legal custody were improper | Adams argued visitation should be supervised and joint legal custody inappropriate given alleged risk and hostility | Rice argued he was entitled to reasonable, unsupervised visitation and joint legal custody to maintain parent-child relationship | Court affirmed: chancellor acted within discretion; insufficient credible evidence to restrict visitation or deny joint legal custody |
| Whether chancellor erred by not appointing a guardian ad litem | Adams argued GAL was required (citing Floyd) amid allegations against Rice | Rice/respondent: no GAL requested, no allegations of abuse to child; court had no duty to appoint one sua sponte | Court affirmed: Floyd distinguishable; no record request or child-abuse allegations to trigger GAL appointment; issue procedurally barred |
| Whether chancery court should have dismissed under UCCJEA/forum non conveniens | Adams argued another state (Alabama) was more appropriate forum | Rice: Mississippi was the child’s home state at filing; witnesses and events occurred in Mississippi; parties were served there | Court affirmed: Mississippi had home-state jurisdiction and was the convenient forum; motion to dismiss made at trial was untimely and unsupported |
| Whether appellate review should entertain Adams’s poorly supported arguments | Adams submitted a largely incoherent brief with few citations | Rice relied on record and chancellor’s factual findings | Court proceeded to merits due to child welfare but noted appellate rule violations; still upheld trial court due to substantial supporting evidence |
Key Cases Cited
- Floyd v. Floyd, 949 So. 2d 26 (Miss. 2007) (GAL appointment where child made abuse allegations supports sua sponte appointment)
- Ellis v. Ellis, 840 So. 2d 806 (Miss. Ct. App. 2003) (chancellor’s broad discretion in child custody/visitation determinations)
- Fields v. Fields, 830 So. 2d 1266 (Miss. Ct. App. 2002) (noncustodial parent entitled to more than minimal visitation; restrictions are limited)
- Palculict v. Palculict, 22 So. 3d 293 (Miss. Ct. App. 2009) (Albright factors required only when physical custody is at issue)
- Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) (framework for evaluating child custody factors)
- O’Hara v. Robinson, 904 So. 2d 1110 (Miss. Ct. App. 2004) (appellate courts need not consider issues unsupported by proper argument/citations)
- Luse v. Luse, 992 So. 2d 659 (Miss. Ct. App. 2008) (issues not raised at trial cannot be raised for the first time on appeal)