Case of Interest

The Mississippi Court of Appeals decided Beard v. Berryman located here today.  It was an adoption case between two third parties.  The trial court applied the Albright factors and awarded custody to the Berrymans over the guardian ad litem recommendation.  The Court of Appeals affirmed finding that everything was done right and that the trial court is not bound to follow the guardian ad litem recommendation as long as the chancellor explains why it is being rejected.  The lesson from the case is to put on sufficient proof of why the guardian ad litem is incorrect.  If there is no challenge to their recommendation, there is nothing for the chancellor to hang their hat on.