Stanley R. Bolivar v. Joyce Waltman
194 So. 3d 889
| Miss. Ct. App. | 2016Background
- Grandmother Joyce Waltman sought court-ordered visitation with her two minor grandchildren, Blake (b. 2003) and Kaylee (b. 2005); the children were under the guardianship of their maternal grandparents, Stanley and Cindy Bolivar, by chancery-court appointment in 2008.
- Joyce originally had regular visitation under the childrens’ father’s 2006 divorce decree; the Bolivars restricted that contact in 2010 (reducing overnight and weekend time).
- Joyce filed a grandparent-visitation petition in 2010; the chancery court granted visitation, but the appellate court vacated and remanded because the natural parents had not been joined.
- After joinder, a 2012 hearing produced a chancery-court order (Feb. 2013) granting Joyce recurring monthly, holiday, and summer visitation with conditions (no smoking/drinking/curssing around children, age-appropriate activities, supervision when parents visit).
- The Bolivars moved for a new trial/alteration, were denied, and appealed. The Court of Appeals affirmed, reviewing statutory grandparent-visitation requirements and Martin factors.
Issues
| Issue | Bolivar's Argument (appellants) | Waltman/Joyce (plaintiff) Argument | Held |
|---|---|---|---|
| Whether the chancery court shifted burden to Bolivars (requiring Joyce to prove entitlement) | Chancellor erred by not requiring Joyce to prove entitlement to court-ordered visitation under statute | Joyce satisfied statutory elements and presented evidence of viable relationship and denial | Court: No error — record supports that Joyce met statutory burden and chancellor did not improperly shift burden |
| Whether Joyce established a "viable relationship" and denial of visitation | Bolivars argued Joyce failed to prove voluntary financial support/frequent overnight visitation or that restrictions were unreasonable | Joyce showed financial contributions, frequent/overnight visitation >1 year, and evidence Bolivars reduced visitation around 2010 | Court: Joyce met viable-relationship test and Bolivars unreasonably denied visitation |
| Whether visitation was in children's best interest and Martin-factor application | Bolivars claimed visitation disrupted family routine, encouraged dishonesty, undermined discipline, and was not in best interest | Joyce showed close emotional ties, suitable home and supervision, proximity, and minimal contact with natural parents | Court: Chancellor adequately applied Martin factors; visitation found in best interest; no abuse of discretion |
| Whether awarded visitation was excessive (equivalent to parental visitation) and whether custodial guardians deserve deference | Bolivars argued award approximated noncustodial-parent rights and custodial guardians should receive deference to set limits | Joyce relied on longstanding visitation history and the children’s limited contact with parents to justify extensive visitation | Court: Although visitation approached parental-level, circumstances (close prior relationship, minimal parental contact) justified award; guardianship does not receive parental deference under statute |
Key Cases Cited
- Martin v. Coop, 693 So. 2d 912 (Miss. 1997) (establishes multifactor test for grandparent-visitation best-interest analysis)
- Townes v. Manyfield, 883 So. 2d 93 (Miss. 2004) (equivalent visitation to parent permitted only when circumstances overwhelmingly dictate and must be discussed on the record)
- Arrington v. Thrash, 122 So. 3d 144 (Miss. Ct. App. 2013) (upheld liberal grandparent visitation where grandparents provided long-term, stabilizing care)
- Woodell v. Parker, 860 So. 2d 781 (Miss. 2003) (custodial guardians are not entitled to the same deference as natural parents in grandparent-visitation disputes)