Friday, October 9, 2015

New Standards on Third Party Custody

The Mississippi Supreme Court decided Irle v. Foster yesterday located here.  The issue was the standard required to award third party custody over the natural parents where the issue had been previously litigated.  The Supreme Court has stated now that:

"¶13. So we hold that in cases involving a third party and a natural parent—where the third
party has been before the court in a previous custody dispute over the child—the material
change-in-circumstances test applies.  A third party attempting to take custody from a natural
parent under those circumstances is required to overcome the natural-parent presumption and
to show a material change in circumstances from the previous decree."

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