Friday, November 21, 2014

Natural Parent Presumption

The natural parent presumption in Mississippi provides that the natural parent is presumed to be the best custodian of a minor child unless they have abandoned the minor child or are proven unfit.  This was illustrated in Wilson v. Davis decided by the Court of Appeals last week.  The trial court and the Court of Appeals found that the sexual relationships of the father and some issues in his home made him unfit which resulted in the grandmother getting custody of the minor child.  There was a pretty strong dissent in the case.  The dissent more or less said that the Father's sexual relationships with several people was not sufficient to overcome the natural parent presumption.  Based on the limited facts in the opinion, the dissent makes a good point.  I would expect this case to go up to the Mississippi Supreme Court. 

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