Legal Opinion

Davis v. Vaughn

Mississippi Supreme Court

Decided November 21, 2013No. 2012-CA-00651-SCTPublishedCited by 15 opinions

1Opinion of the Court

KITCHENS, Justice,

for the Court:

¶ 1. In this custody dispute between the natural father and the maternal grand*35mother, the chancellor granted custody to the father, finding that the father had not deserted his child. Although the grandmother had stood in loco parentis to the child since the mother’s death, the chancellor correctly recognized that this alone could not overcome the natural-parent presumption. See Smith v. Smith, 97 So.3d 43 (Miss.2012) (reemphasizing that a third party’s in loco parentis status, standing alone, could not rebut the natural-parent presumption). Finding no error,…

2Cases cited24 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Pierce v. Society of SistersSupreme Court of the United States · 1925
  3. Prince v. MassachusettsSupreme Court of the United States · 1944
  4. Albright v. AlbrightMississippi Supreme Court · 1983
  5. Vance v. Lincoln County DPWMississippi Supreme Court · 1991

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

3Cited by15 opinions

  1. Jeffrey Scott Waites v. Amy M. Waites RitchieMississippi Supreme Court · 2014
  2. James Wilson v. Pearlean DavisMississippi Supreme Court · 2016
  3. Miller v. SmithCourt of Appeals of Mississippi · 2016
  4. Ferrand v. FerrandLouisiana Court of Appeal · 2016
  5. Strickland v. DayMississippi Supreme Court · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API