Mississippi Court Case: Adoption of D.T.H.

IN THE MATTER OF THE ADOPTION OF D. T. H., A MINOR: S. R. AND D. R., APPELLANTS v. P. L. H., APPELLEE 

NO. 98-CA-00373-COA 

COURT OF APPEALS OF MISSISSIPPI 

748 So. 2d 853 

August 24, 1999, Decided 

DATE OF JUDGMENT: 01/16/1998. TRIAL JUDGE: HON. TIMOTHY E. ERVIN. COURT FROM WHICH APPEALED: MONROE COUNTY CHANCERY COURT. TRIAL COURT DISPOSITION: PETITION FOR ADOPTION GRANTED; MOTION TO SET ASIDE DENIED. 

REVERSED AND REMANDED. 

COUNSEL:
ATTORNEY FOR APPELLANTS: T. K. MOFFETT. 

ATTORNEY FOR APPELLEE: C. MICHAEL MALSKI. 

JUDGES:
BRIDGES, J. McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., DIAZ, LEE, PAYNE, AND THOMAS, JJ., CONCUR. MOORE, J., CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY KING, J. IRVING, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION. 

BRIDGES, J. 

P1. This is an appeal from a judgment of adoption entered in the Chancery Court of Monroe County, Mississippi. The chancellor permitted the child's great-aunt to adopt the child after the natural father surrendered his parental rights. The maternal grandparents have now perfected this appeal in which they (1) argue the necessity of appointing a guardian ad litem, (2) allege that the chancery court neglected the best interests of the child, (3) contend that the chancellor erred as a matter of law by not complying with the statute, and (4) argue that they had standing to object to the failure to appoint a guardian ad litem and other defects in the adoption. After careful consideration of the issues raised, we reverse and remand for further action consistent with this opinion.
FACTS

P2. On March 24, 1995, a male child, D.T.H., was born to an unmarried couple. On July 4, 1995, the child's natural mother was killed in an automobile collision, and the maternal grandmother, D.R., was appointed full guardian and took physical custody of the child. The child's natural father, M.H., later obtained physical custody of the child by writ of habeas corpus. The natural father's uncle, J.H. (who is now deceased), and his aunt by marriage, P.H., helped M.H. care for the five-month-old child. The maternal grandparents, S.R. and D.R., secured visitation rights with the child, and on August 23, 1996, they filed a petition for primary custody of the child. On February 5, 1997, the natural father executed a surrender of parental rights in favor of his aunt, P.H. On February 21, 1997, P.H. filed a complaint for adoption, and on the same day, the chancellor granted her a final decree of adoption. The final adoption order was filed on February 24, 1997, and it reserved the maternal grandmother the right to petition for visitation with the child. As stated previously, the maternal grandparents had already begun custody proceedings, and after the adoption was made final, the natural father filed a motion to dismiss stating that he had surrendered his rights and the adoption terminated his rights. The chancellor then allowed the maternal grandparents to amend their complaint to add P.H. as a party defendant in their custody action.