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J.S.W. v. A.R.W. (In re V.D.W.)

152 So. 3d 336 (Miss. Ct. App. 2013)
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J.S.W. v. A.R.W. (In re V.D.W.)

2 Citing cases

  1. Welton v. Westmoreland

    180 So. 3d 738 (Miss. Ct. App. 2015)   Cited 7 times
    In Welton, the Court of Appeals found that the facts necessary to overcome the natural-parent presumption were present but questioned whether the facts were sufficient to place Daniel in the position of a natural parent for purposes of Justice's custody because Daniel had not been defrauded like the fathers in Pell and J.P.M.Id. at 747.

    (Emphasis added). The chancellor also cited our opinion in In re V.D.W., 152 So.3d 336 (Miss.Ct.App.2013), which the Supreme Court reversed in Waites, supra. Our analysis relies on the Supreme Court's opinions in Pell, J.P.M., and Waites.

  2. Waites v. Ritchie (In re Waites)

    152 So. 3d 306 (Miss. 2014)   Cited 12 times
    Finding that husband of child's mother acted inloco parentis , even though husband and mother were married during child's birth and raised child together, because he was not biological father of child

    The age of the child is subordinated to that rule and is but one factor to be considered. Age should carry no greater weight than other factors to be considered, such as: health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship.”)J.S.W. v. A.W.R. and T.J.S., 152 So.3d 336, 337–38, 2013 WL 6231797, at *1 (Miss.Ct.App. Dec. 3, 2013).FACTS AND PROCEDURAL HISTORY