Wilson v. Davis - BY: Cheryl S.

Link: http://caselaw.findlaw.com/ms-court-of-appeals/1629712.html

The Mississippi Court of Appeals presumes that it is in the best interest of the child’s natural parent to have custody, not a grandparent. Grandparents do not have legal right to custody of grandchildren against a natural parent. Lucas v. Hendrix, 92 So.3d 699, 705–06(17) (Miss.Ct.App.2012) (citing McKee v. Flynt, 630 So.2d 44, 47 (Miss.1993)).     

Wilson v. Davis is an appeal that involves a child custody issue between the natural father and the maternal grandmother. The chancellor granted the grandmother custody of the minor child in respect that this would be in the best interest of the child. The child’s natural mother has recently deceased. The chancellor did not know that the natural parent presumption had been rebutted.

This case started out as a paternity and custody dispute between Concetter Davis (mother of minor child) and James Wilson in 2008. James is the natural father, but Concetter was granted custody. James has not been in Sha’Nyla’s life being an active father and taking responsibility for her, therefore should James be allowed custody? After Concetter died, the maternal relatives did not want to return Sha‘Nyla (child) to the father. Wilson then filed a petition to modify custody based on Consetter’s death. Pearlean Davis (maternal grandmother) tried to intervene and wanted to be guardian of Sha’Nyla.  

Because grandparents do not have legal custody rights when a natural parent is still involved, the case was reversed. However it is still in the making as to whether or not James is a fit father or if the grandmother’s request for guardianship shall be granted, or visitation rights applied.