Legal Opinion

Hamilton v. Houston

Court of Appeals of Mississippi

Decided November 6, 2012No. 2011-CA-01328-COAPublishedCited by 2 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. The ultimate goal in child-custody cases is the best interest of the child. While Mississippi law presumes a child’s best interests are served by living with his natural parents, when a natural parent abandons or deserts the child, the natural-parent presumption goes away. At that point, the chancellor must determine whether it is in the child’s best interest to award custody to the parent or a third party.

¶ 2. Here, the chancellor found that both Jerrica Hamilton and Edward Houston had deserted their son, Jaquavion. With the natural-parent presumption gone, the…

2Cases cited15 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Rutland v. PridgenMississippi Supreme Court · 1986
  3. Lee v. LeeMississippi Supreme Court · 2001
  4. In Re Marriage of Leverock & HambyMississippi Supreme Court · 2009
  5. Mabus v. MabusMississippi Supreme Court · 2003

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Irle v. FosterCourt of Appeals of Mississippi · 2013
  2. J.S.W. v. A.W.R.Court of Appeals of Mississippi · 2013

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