Wednesday, June 14, 2017
Natural Parent Presumption
On Tuesday, the Mississippi Court of Appeals decided Bradshaw v. Moore located here. One interesting issue in the case was that the mother's parents had guardianship of the minor child. However, the father was never given notice of the guardianship. Ultimately, the guardianship was set aside for lack of notice and the mother was given custody. The father appealed and argued that he was entitled to custody since the mother had given up custody through the court. However, the proof showed that this was done for financial reasons and was later declared void. As such, the natural parent presumption which is normally lost by giving up custody through the court was still intact.