Legal Opinion · Dissent

R.B. ex rel. V.D. v. State

Mississippi Supreme Court

Decided July 19, 2001No. 2001-CA-00361-SCTPublished

1DissentBanks, Presiding Justice

¶ 28. I am compelled to dissent to the disposition of this case because it is my view that under the circumstances the grandmother is sufficiently imbued with the characteristics of a parent such that court interference with her consent is not warranted.

*836¶ 29. Though the majority relegates this discussion to a footnote because formal legal guardianship was never obtained, Mississippi has long recognized .that under the doctrine of in loco parentis, “in the place of a parent,” one assumes the status and obligations of a parent. The rights, duties, and liabilities of one standing in loco…

2Cases cited3 opinions

  1. Favre v. MEDDERSMississippi Supreme Court · 1961
  2. WR Fairchild Construction Co. v. OwensMississippi Supreme Court · 1969
  3. Allen v. PeeteMississippi Supreme Court · 1852

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