Smith v. Wilson
2012 Miss. LEXIS 219
| Miss. | 2012Background
- Wilson grandparents sought court-ordered visitation with Breely and Banks after Crystal Wilson's death; chancery court granted visitation.
- Stephen Smith and Melissa Smith appeal, challenging Mississippi grandparent-visitation statute ( §§ 93-16-3(1), 93-16-5 ) and the Martin factors, citing Troxel v. Granville.
- Mississippi’s statute allows a grandparent to petition for visitation when a parent dies, with the court discretion to grant visitation if in the child’s best interest.
- The chancellor applied Martin v. Coop factors to determine best interests; the specified visitation schedule included Thanksgiving, Christmas, summer, and weekly calls.
- Following Easter 2010, an alleged child abuse incident and a dispute over visitation led the Smiths to restrict contact; the Smiths subsequently moved to Illinois and restricted further visitation.
- The court found Breely and Banks’ only connection to their deceased mother Crystal justified nonparental visitation, and the evidence supported the chancellor’s decision under the Martin framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Troxel compatibility with statutes and Martin | Smiths contend Troxel renders statutes and Martin unconstitutional. | Wilsons argue statutes and Martin are constitutional and Troxel is distinguishable. | Statutes and Martin do not violate the Constitution. |
| Proper application of Martin and statutes under Troxel | Smiths claim the chancellor failed to apply a heightened burden and deference to the parent’s wishes. | Wilsons contend the chancellor appropriately used Martin factors with best-interests focus. | Chancellor did not err in applying Martin, statutes, or Troxel. |
| Accuracy of Martin-factor weighing (disruption, undermining discipline, willingness to accept rearing) | Smiths argue the three targeted Martin factors were misweighed against the parents. | Wilsons assert the factors were properly weighed with substantial evidence. | Chancellor properly weighed the Martin factors; substantial evidence supports the decision. |
| Excessiveness of visitation awarded | Smiths claim the visitation schedule is excessive. | Wilsons compare schedule to Woodell and argue it is within permissible limits. | Visitation not excessive; within reasonable scope given the circumstances. |
Key Cases Cited
- Martin v. Coop, 693 So.2d 912 (Miss. 1997) (ten Martin factors guide grandparent visitation to protect parental rights)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (broad nonparental visitation statute struck as unconstitutional; underscores parental rights)
- Zeman v. Stanford, 789 So.2d 798 (Miss. 2001) (clarifies Martin framework limits on third-party visitation)
- Stacy v. Ross, 798 So.2d 1275 (Miss. 2001) (Troxel considerations of unfitness and statutory limits)
- In re Custody of M.A.G., 859 So.2d 1001 (Miss. 2003) (unfitness considerations in third-party custody contexts)
- Townes v. Manyfield, 883 So.2d 93 (Miss. 2004) (visitation standards and limits; noncustodial parent framework)
- Woodell v. Parker, 860 So.2d 781 (Miss. 2003) (upholds grandparent visitation schedule similar to holiday and summer visitation)