Legal Opinion · Dissent

Sizemore v. Pickett

Court of Appeals of Mississippi

Decided December 13, 2011No. 2010-CP-01183-COAPublished

1DissentIrving, P.J.

¶ 38. The majority finds that the chancery court did not err in awarding custody of Richard’s son, Blake, to Cliff, Blake’s half brother. Because I believe that the chancery court failed to give appropriate deference to the natural-parent presumption, I dissent. I would reverse the chancery court’s judgment and remand this case for a determination of whether Richard is an unfit parent or has abandoned Blake. I also believe that Richard did not have proper notice of the hearing wherein his custody of Blake was terminated and transferred to Cliff. Therefore, for this additional reason, I…

2Cases cited7 opinions

  1. Commissioner v. BanksSupreme Court of the United States · 2005
  2. Sellers v. SellersMississippi Supreme Court · 1994
  3. Pittman v. Home Indem. Co.Mississippi Supreme Court · 1982
  4. Johnson v. WESTON LUMBER & BLDG. SUPPLYMississippi Supreme Court · 1990
  5. Edwards v. JamesMississippi Supreme Court · 1984

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