Murphy v. Murphy

This appeal arises from a custody dispute between the father and paternal grandparents over Samuel Murphy, a minor child. The lower court denied custody to all respective parties and vested custody of the child in the Palmer Home for Children, located in Columbus, Mississippi. Finding that the chancellor was not in a position to adequately assess the respective parties' fitness and ability to care and provide for the minor child and erred in refusing to permit the parties to submit additional evidence pertaining to the issue of fitness, we reverse and direct the chancellor to revisit the…