Justia Mississippi Supreme Court Opinion Summaries

A sixteen-year-old female, through her mother, filed a petition to change her legal name to a more masculine one as part of her gender transition. Both parents consented to the name change. The Mississippi State Board of Health (MSBH) was named as a respondent and acknowledged the petition, stating it would annotate the minor’s birth certificate if the court ordered the name change.The Hinds County Chancery Court held a hearing on the petition, where the minor and her parents were present. The chancellor decided to dismiss the petition without prejudice, stating that the minor needed to mature more before the court would consider the name change.The petitioner appealed the decision. The Supreme Court of Mississippi reviewed the case and upheld the chancellor’s decision. The court emphasized that under Mississippi law, a chancellor may only grant a minor’s name change if it is clearly in the best interest of the child. The court found that the chancellor did not manifestly err in determining that the minor needed to mature more before making such a significant decision. The court also noted that the chancellor’s decision was consistent with Mississippi’s public policy against children receiving life-altering gender-transition assistance due to their lack of maturity. The Supreme Court of Mississippi affirmed the chancellor’s dismissal of the name-change petition. View "In The Matter of The Petition of S.M.-B. v. Mississippi State Board of Health" on Justia Law

Nancy and Carlos Sistrunk were married in 1984 and separated in 2021. Nancy filed for divorce citing irreconcilable differences or, alternatively, adultery. They have four adult children, including Emily, who has Down syndrome and other health issues, making her incapable of self-support. Both parties agreed to proceed with the divorce based on irreconcilable differences. In 2023, Nancy filed a motion regarding the marital residence and child support for Emily, which Carlos opposed.The trial, primarily focused on financial issues and property division, was held in September 2023. The chancery court granted the divorce, divided the real and personal property approximately equally, and declined to award alimony, child support for Emily, or attorneys’ fees. The court failed to make specific findings of fact regarding the factors required for equitable distribution of assets, and many of its findings were unsupported by the record.The Supreme Court of Mississippi reviewed the case. The court found that the chancery court did not make sufficient findings of fact regarding each applicable Ferguson factor, which is necessary for equitable distribution of marital property. The court noted that the chancery court's findings were not supported by substantial evidence, particularly regarding the parties' incomes and the dissipation of marital assets. The Supreme Court also highlighted the lack of consideration for the emotional value of the marital home and the financial needs of the parties, especially Nancy's role as Emily's primary caregiver.The Supreme Court of Mississippi reversed the chancery court's judgment on the equitable distribution of assets and related matters and remanded the case for further consideration. The chancery court was instructed to make specific findings of fact regarding each applicable Ferguson factor and to rectify unsupported findings. The court may also reconsider issues related to alimony, child support for Emily, and attorneys’ fees on remand. View "Sistrunk v. Sistrunk" on Justia Law

In this case, the appellant, X.G.C., appealed the termination of his parental rights over his child, V.I.C. The child was born in December 2019 and suffered multiple injuries while in the care of her parents, including a subdural hematoma and a fractured arm. The Jackson County Department of Child Protection Services (JCCPS) took custody of the child after determining that the injuries were consistent with abuse. Despite efforts to reunify the family, including a service plan and a ninety-day trial placement, the child sustained further injuries, leading to the termination of the father's parental rights.The Jackson County Youth Court initially placed the child in JCCPS custody and ordered efforts towards reunification. However, after the child sustained additional injuries during the trial placement with her father, the court changed the permanency plan to termination of parental rights. The court conducted multiple hearings and found that JCCPS had made reasonable efforts to assist the father in complying with the service plan, but he had failed to provide a safe environment for the child.The Supreme Court of Mississippi reviewed the case and affirmed the youth court's decision. The court found that the statutory requirements for termination under Mississippi Code Section 93-15-115 were met, including the adjudication of the child as abused, the child's placement in JCCPS custody for over six months, and the father's failure to comply with the service plan. The court also determined that termination was appropriate under Section 93-15-119, as the father's conduct demonstrated a substantial risk to the child's safety and welfare. The court concluded that the youth court's findings were supported by substantial evidence and that the termination of parental rights was in the best interest of the child. View "X.G.C. v. Jackson County Department of Child Protection Services" on Justia Law

Jane's three young daughters were taken into custody by the Mississippi Department of Child Protection Services (CPS) due to unsafe living conditions and neglect. Jane had left her daughters with her disabled mother in a cramped, unsupervised apartment. CPS developed a service plan for Jane to regain custody, which included obtaining stable housing, employment, and transportation. Despite completing parenting classes and getting clean from drugs, Jane failed to comply with the other requirements. She did not secure stable housing or employment and did not regularly visit her daughters. Consequently, CPS petitioned to terminate her parental rights.The Monroe County Chancery Court held a termination hearing where CPS workers testified about Jane's noncompliance with the service plan and the unsafe conditions that led to the removal of her daughters. Jane testified about her efforts to get clean and find employment but admitted to various failures. The court-appointed Guardian Ad Litem recommended terminating Jane's parental rights, citing her unwillingness to provide for her daughters' basic needs. The chancellor found clear and convincing evidence supporting the termination based on statutory grounds, including abandonment, unwillingness to provide necessary care, failure to exercise reasonable visitation, and substantial erosion of the parent-child relationship.The Supreme Court of Mississippi reviewed the case and affirmed the chancellor's decision. The court held that substantial evidence supported the termination of Jane's parental rights, emphasizing that her lack of effort to care for and visit her daughters, rather than her lack of money, was the reason for the termination. The court found that the termination was in the best interest of the children to ensure a permanent and stable future. View "J.J.B. v. Monroe County Department of Child Protection Services" on Justia Law

M.M. and J.B., Sr. were once married and had a daughter, L.B. After their divorce, J.B., Sr. married P.B. L.B. gave birth to J.J.W.B. in May 2018, but the child was removed from her custody due to her drug addiction. In August 2018, L.B.'s brother sought custody of J.J.W.B., and temporary custody was placed with J.B., Sr. and P.B. M.M. sought visitation rights in September 2018. The court granted custody to J.B., Sr. and P.B. and visitation rights to M.M. in October 2018. In July 2019, custody was again placed with J.B., Sr. and P.B., with continued visitation for M.M.In October 2020, J.B., Sr. and P.B. filed for voluntary termination of parental rights and adoption of J.J.W.B., which was granted in December 2020 without notifying M.M. M.M. filed a petition for contempt in January 2021 for not being allowed visitation, and later, in February 2022, she filed a motion to set aside the adoption. The Smith County Chancery Court denied the motions to dismiss filed by J.B., Sr. and P.B., reasoning that M.M. should have been notified of the adoption proceedings and that her visitation rights were not terminated by the adoption order.The Supreme Court of Mississippi reviewed the case. The court held that M.M.'s motion to set aside the adoption was untimely and that she was not a necessary party to the adoption proceedings. Therefore, the court reversed the denial of the motion to dismiss M.M.'s motion to set aside the adoption. However, the court affirmed the denial of the motion to dismiss M.M.'s contempt action, holding that the adoption did not extinguish her visitation rights. The case was remanded to the chancery court for further proceedings to determine visitation post-adoption. View "In Re The Adoption of J.J.W.B." on Justia Law

The case involves the termination of parental rights of S.D.P. and I.T.A. regarding their medically fragile child, I.T.A. Jr., who suffered a catastrophic brain injury at eight months old. The injury occurred while the child was in the care of his mother, S.D.P., and his maternal grandmother. The child was later diagnosed with numerous severe medical conditions, including blindness, deafness, and quadriplegia, requiring extensive and constant care. The parents provided inconsistent explanations for the injury, and the treating physicians found these explanations inconsistent with the child's injuries.The Harrison County Youth Court entered an emergency custody order, placing the child in the custody of the Mississippi Department of Child Protection Services (MDCPS). The court found the injury resulted from nonaccidental trauma and that the parents failed to comply with service agreements designed to prepare them to care for their child's medical needs. Despite efforts by MDCPS to reunify the family, the parents did not substantially comply with the service plan, leading the court to change the plan to adoption.The Supreme Court of Mississippi reviewed the case and affirmed the youth court's decision to terminate the parental rights of both parents. The court found clear and convincing evidence that the parents were unfit to care for the child due to their insufficient understanding and ability to manage the child's extensive medical needs. The court emphasized that the child's survival depended on specialized care that the parents were unable to provide, despite having been given ample opportunity to learn. The court also dismissed the parents' argument regarding the insufficiency of the guardian ad litem's investigation, noting that the parents had waived this argument by not raising it in the lower court. View "S.D.P. v. Harrison County Department of Child Protection Services" on Justia Law

Alex and Jessica McGee were married in 2011, divorced in 2014, and remarried in 2017. They have three children. After their second separation in 2022, Alex filed for divorce on grounds of adultery. The Montgomery County Chancery Court granted the divorce, divided the marital property, and awarded joint legal and physical custody of the children. Jessica appealed, challenging the division of Alex’s retirement account and the custody arrangement.The Montgomery County Chancery Court classified and divided the marital property, including Alex’s 401(k) from the date of the second marriage to the date of separation. Jessica argued that the division should have included assets accumulated since their first marriage in 2011. The court found no evidence that the parties accumulated assets together during their separation and upheld the division from the second marriage. Jessica also contended that the chancellor improperly focused on her adultery in awarding joint custody and that the other factors favored her.The Supreme Court of Mississippi reviewed the case and affirmed the lower court’s decision. The court found that the chancellor properly classified and divided the marital property and applied the Ferguson factors correctly. The court also upheld the joint custody arrangement, noting that the chancellor considered the best interest of the children and did not overly focus on Jessica’s adultery. The court emphasized that the chancellor’s findings were supported by substantial evidence and that Jessica failed to demonstrate an inability to cooperate with Alex for joint custody. The judgment of the Montgomery County Chancery Court was affirmed. View "McGee v. McGee" on Justia Law

R.W. and J.R. are the biological parents of twins Rachel and Joshua, born prematurely on May 9, 2022. Both R.W. and the twins tested positive for amphetamines at birth. The Jackson County Youth Court placed the children in the custody of the Mississippi Department of Child Protection Services (CPS) and later adjudicated them as neglected children. The court also ruled that CPS could bypass reasonable efforts to reunify the twins with their parents. R.W. and J.R. appealed this decision.The Jackson County Youth Court initially held an emergency custody hearing, followed by an adjudication hearing where the twins were declared neglected. The court found that R.W. had a history of substance abuse and had previously lost custody of her other children. J.R. was incarcerated for failing to register as a sex offender. The court ruled that CPS could bypass efforts to reunify the children with their parents due to the parents' history and current circumstances. R.W. and J.R. raised issues on appeal regarding jurisdiction, venue, and the sufficiency of evidence supporting the neglect adjudication and the bypass of reunification efforts.The Supreme Court of Mississippi reviewed the case and affirmed the youth court's judgment. The court held that the youth court had both subject-matter and personal jurisdiction, and that Jackson County was the proper venue. The evidence presented, including the positive drug tests and the parents' histories, was sufficient to support the adjudication of neglect. The court also found that bypassing reasonable efforts to reunify the children with their parents was justified based on the parents' past terminations of parental rights and J.R.'s criminal history. The Supreme Court of Mississippi affirmed the youth court's decision. View "R.W. v. Mississippi Department of Child Protection Services" on Justia Law

A natural mother filed a petition to set aside the adoption of her child, D.A.P., more than five years after the final adoption decree. She claimed that the adoption was based on fraudulent misrepresentations that it would be an "open" adoption, allowing her continued contact with the child. The adoption was finalized on July 6, 2017, and the mother alleged that she was misled into believing she would maintain contact with her child post-adoption.The Neshoba County Chancery Court denied the mother's request for access to adoption records in 2021, citing the statute of limitations and lack of good cause. In 2022, the mother filed a petition to set aside the adoption decree, claiming fraud, coercion, and misrepresentation. The court dismissed her petition, noting that the mother had not appealed the original adoption judgment and that setting aside the adoption would prejudice the adoptive parents and the child. The court found no evidence of fraud upon the court, as the adoption petition clearly stated the termination of the mother's parental rights.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the mother's petition was untimely, as it was filed more than six months after the adoption decree, which is the statutory limit for challenging an adoption in Mississippi. The court also found no fraud upon the court, as there was no sworn testimony or filing indicating an open adoption. The court emphasized the importance of finality in adoption proceedings to ensure stability and security for the child. View "In the Matter of the Adoption of D.A.S." on Justia Law

The case involves Katherine Cassell (Kathy) and William Cassell (Bill), who were married in 1991 and separated in 2021. Prior to their marriage, Bill and his siblings inherited land in Mississippi from their mother and formed Waterloo Farms, Inc. (Waterloo), which held title to the inherited land. Waterloo also owned two tracts of land in Claiborne County. During their marriage, Bill began farming as Valley of the Moon Farms, LLC (VOM), which was owned 50% by Bill and 50% by Moon Planting Company, Inc. (MPC). MPC was formed by Bill’s father, who transferred 99% of MPC’s ownership to Kathy and 1% to Bill. Kathy and Bill maintained two bank accounts—one personal joint account and one account for VOM. Revenue from VOM was deposited into the VOM account and from there, money would be transferred into Kathy and Bill’s joint personal account for monthly expenses.The couple separated in 2021, and Kathy filed for divorce on the grounds of uncondoned adultery and, alternatively, habitual cruel and inhuman treatment and irreconcilable differences. Kathy sought an equitable division of the marital estate, permanent periodic alimony, lump sum alimony and for Bill to maintain her medical and dental insurance and his own life insurance for which she was the sole beneficiary. Kathy also requested reasonable attorneys’ fees. The chancery court entered a final judgment of divorce and his findings of fact and conclusions of law. The chancellor granted the divorce on the ground of uncondoned adultery. Among other assets, the chancellor classified Tract Two and the Turley Property as Bill’s separate property, and classified the Thompson Property and the VOM account as marital property. In total, Bill’s separate property was valued at $5,341,640.14. After classifying and equitably dividing the various marital assets applying the Ferguson factors, the chancellor considered Kathy’s alimony request weighing the Armstrong factors and awarded her permanent periodic alimony in the amount of $7,500 per month. In total, Kathy was awarded permanent periodic alimony and 40 percent of the marital estate, and the court ordered Bill to maintain life insurance for which Kathy was the sole beneficiary in the amount of $500,000 and to maintain Kathy’s health insurance until she turned sixty-five or was able to obtain Medicare. Kathy’s portion of the marital estate amounted to a lump sum payment of $667,557, whereas Bill’s portion of the marital estate was valued by the chancellor at $1,861,629.53. From this final judgment and findings of fact and conclusions of law, Kathy appeals.The Supreme Court of Mississippi affirmed the chancery court's decision. The court held that the burden of proof to rebut the presumption of marital property is by a preponderance of the evidence. Furthermore, the party claiming property excluded from marital property has been commingled and transformed into marital property bears the burden of proof, likewise by a preponderance of the evidence. Finally, the court overruled Cheatham insofar as it has any bearing on a chancellor’s decision to award alimony and reaffirmed the factors enumerated in Ferguson—awarding alimony during the division of the estate—and Armstrong—awarding alimony subsequent to the division of the estate—as the appropriate factors to be considered. View "Cassell v. Cassell" on Justia Law