Mississippi Court Case: N.E. v. L.H.

N. E. AND R. H., APPELLANTS v. L. H., JR., L. H. AND L. T., APPELLEES 

NO. 1998-CA-01242-COA 

COURT OF APPEALS OF MISSISSIPPI 

761 So. 2d 956 

June 13, 2000, Decided 

COURT FROM WHICH APPEALED: MARSHALL COUNTY CHANCERY COURT. DATE OF JUDGMENT: 06/16/1998. TRIAL JUDGE: HON. C. MICHAEL MALSKI. TRIAL COURT DISPOSITION: THE PARENTAL RIGHTS OF APPELLANT, R. H., WERE TERMINATED, AND APPELLEE WAS ALLOWED TO ADOPT THE MINOR CHILD. 

REVERSED AND REMANDED IN PART AND REVERSED AND RENDERED IN PART. 

COUNSEL:
ATTORNEYS FOR APPELLANTS: MILDRED J. LESURE, SANDRA JARIBU HILL. 

ATTORNEY FOR APPELLEES: HELEN KENNEDY ROBINSON. 

JUDGES:
THOMAS, J. McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, IRVING, LEE, AND PAYNE, JJ., CONCUR. MOORE, J., NOT PARTICIPATING. 

THOMAS, J. 

P1. This is a termination of parental rights and adoption case. N.E., the maternal grandmother, and R.H., the natural mother, appeal the decision of the Marshall County Chancery Court terminating the parental rights of the natural mother, removing the minor child, L.E.H., from the legal custody of the maternal grandmother, and granting the appellees's, Mr. and Mrs. L.H., Jr., petition to adopt the minor child. On appeal, the maternal grandmother and natural mother raise the following assignments of error:

I. THE TRIAL COURT'S DECISION TO TERMINATE THE PARENTAL RIGHTS OF R.H. WAS NOT SUPPORTED BY EVIDENCE SUFFICIENT TO MEET THE REQUIRED STANDARD OF PROOF, WHICH IS CLEAR AND CONVINCING.

II. THE TRIAL COURT'S FINDING THAT R.H. HAD ABANDONED THE MINOR CHILD WAS NOT SUPPORTED BY THE EVIDENCE IN THIS CASE.

III. THE TRIAL COURT ERRED IN FINDING THAT THE BEST INTERESTS OF THE MINOR CHILD WAS TO BE ADOPTED BY R.H. AND L.H.

IV. THE TRIAL COURT ERRED IN FINDING R.H.'S "PERCEIVED DISABILITY" AS A FACTOR HE CONSIDERED IN TERMINATING THE PARENTAL RIGHTS OF R.H.

V. THE GUARDIAN AD LITEM FAILED IN HER DUTY TO INVESTIGATE AND DETERMINE WHAT WAS THE BEST INTEREST OF THE MINOR CHILD.

P2. Finding reversible error, we reverse and render in part, and reverse and remand with instructions.