IRVING, J., for the Court:
¶ 1. This appeal concerns the custody of two minor children, Sarah and Jane
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Smith.1 In May 2007, custody of Sarah and Jane was given to John and Cynthia Smith, the children's paternal grandparents. The Smiths were awarded custody against the wishes of Kristin Thompson, the children's natural mother. In May 2008, Thompson filed a motion requesting that custody of the children be returned to her. The Copiah County Chancery Court denied the motion, finding that an adverse change in circumstances affecting the children had not occurred. Feeling aggrieved, Thompson appeals and asserts that the chancellor applied an erroneous legal standard in denying Thompson's motion.
¶ 2. Finding no reversible error, we affirm the judgment of the chancery court.
FACTS
¶ 3. The Smiths were granted custody of their grandchildren in 2007 after Thompson was indicted on several felony drug charges. In order to provide a factual backdrop for this case, we quote at length from the chancellor's 2007 judgment wherein the Smiths were granted custody:
The evidence presented clearly shows that the [Smiths] have been active in the children's lives since their respective births. In 2000, the [Smiths] had custody of the children at the request of [Thompson] due to [Thompson]'s inability to care for the children at that time. Thereafter, [Thompson] showed stability, married a gentleman who was enlisted in the military, and otherwise showed responsible behavior; therefore, the [Smiths] returned custody of the children to [Thompson] at [Thompson]'s request. Subsequently, [Thompson] and the subject husband divorced and, thereafter, [Thompson] moved on several occasions.
In 2005, [Thompson] was indicted by a grand jury in Rankin County, Mississippi[,] on three (3) felony counts involving controlled substances. In November 2005, the families agreed that the [Smiths] should take custody of the children. To date, the children have been in the [Smiths]' custody.
The [Smiths] do not desire to return custody of the children to [Thompson], as they believe [Thompson] is unstable and unfit. However, [Thompson] argues that she has changed and is now stable and fit to care for the children. The laws in Mississippi favor a natural parent having custody of her children.
The Guardian Ad Litem's report was introduced as evidence. Some of the issues raised within the report involve [Thompson]'s failure to adequately clean, feed, supervise, and bathe the children. [Thompson] denies these allegations. One teacher ... reported that she took food from the teachers' lounge on a regular basis and gave it to [Sarah]. This evidence tips the scales in favor of believing that, indeed, [Thompson] did not clean, feed, supervise, and bathe the children, as [the teacher] has no reason to fabricate such a story.
[Thompson]'s immorality has been made an issue. The evidence shows semi-nude and other risqué photographs of [Thompson] on her “myspace.com” profile. Also, the children are on the same web-page as these photographs of [Thompson]. Posting photographs of the children on a web-page shared with semi-nude and risqué photographs shows, at a minimum, poor judgment on [Thompson]'s behalf. Numerous people use the internet to view nude photographs,
[33 So.3d 551 553]
and having pictures of the children on such a site invites the possibility of sexual predators viewing photographs of the children and puts the children in danger. [Thompson] could have removed the semi-nude and other risqué photographs, but did not until told to do so by her attorney. [Thompson] did not see anything inappropriate with her “myspace.com” profile.
[Thompson] engaged in sexual activity outside of marriage which resulted in her becoming pregnant sometime last year. [Sarah] has gained knowledge and understanding of a sexual device, beyond the scope of what a seven (7) to ten (10) year old should know. This sexual device was found at [Thompson]'s house in a roommate's room. [Thompson] chose the roommate, and thereby chose someone who would have such a device in close proximity to children. Also, the evidence shows that the roommate apparently had a discussion about the sexual device with [Sarah].
Evidence further shows that the children have seen [Thompson] sleeping in the same bed with men and/or women. This [c]ourt is not persuaded that these men and/or women were [Thompson]'s relatives, as the children should be able to identify relatives, yet when speaking with the Guardian Ad Litem, the children simply referred to these individuals as “men” or “women.”
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The children told the Guardian Ad Litem, at a time when they were ages eight (8) and nine (9) respectively, that they can distinguish between cigarettes and marijuana. Regardless of whether or not the children can actually make such a distinction, the fact that they are exposed to an environment that allows them to believe this is a “smoking gun.”
Looking at the numerous drug screens, there is no doubt that two are “positive.” [Thompson] has completed a drug rehabilitation program and wants the [c]ourt to believe that she has relapsed only once, such relapse occurring in August 2006. However, [Thompson] has a three (3) count indictment involving controlled substances and stands to go to jail for a potential ninety (90) years. [Thompson]'s position simply does not make sense.
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Sex, drugs, and basic care needs are the crux of the [Smiths]' concerns. In order for the [Smiths] to be awarded legal and physical custody of the children, this [c]ourt must find ... that “both of the parents of the child have abandoned or deserted such child or that both such parents are mentally, morally or otherwise unfit to rear and train the child.”
The pattern of facts show[s] neglect of the children's welfare. Also, the children have been exposed to matters of a sexual and drug nature that are genuine, serious dangers to the children.
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This [c]ourt finds that the children have been residing with the [Smiths] since November 2005, and that the [Smiths] have provided a wholesome and stable environment. Therefore, given the totality of the evidence and circumstances, legal and physical custody of [Sarah] and [Jane] is hereby awarded unto the [Smiths], same being in the best interests of the children.
There is nothing in the record to indicate that the Mississippi Department of Human Services (DHS) was involved with the removal of the children from [Thompson]'s custody in 2007.
¶ 4. About a year after the chancellor granted the Smiths custody of the children,
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Thompson filed a motion alleging that a material change in circumstances had occurred. Namely, she provided evidence that she had improved her life and that many of the problems noted by the chancellor in 2007 had been corrected. Nonetheless, the chancellor declined to modify the 2007 custody order, finding in pertinent part:
In some instances, a natural[-]parent presumption exists.2 The natural[-]parent presumption presumes that the best interest of the child will be preserved by remaining with the natural parent. The key language regarding the natural[-]parent presumption is that the child should “remain” with the natural parent. In this case, the children are currently not in [Thompson]'s custody and thus cannot “remain” with the natural parent. The natural[-]parent presumption is inapplicable to this case.
... In this case, the applicable standard of proof is a material change in circumstances in the custodial home which adversely affects the children, such that it wouldn't be in the children's best interest[s] that custody be changed.
[Thompson] testified that she has cleaned up her lifestyle. Evidence presented shows that [Thompson] is no longer using drugs, has removed the “myspace.com” pictures referenced in the May 2007 [j]udgment, has a good job, is making acceptable progress in the Pretrial Intervention Program, regularly attends church, has rededicated her life to Christ and been baptized, and has a nice, clean home and no roommate. However, [Thompson] is pregnant out of wedlock. [Thompson]'s family, friends, and neighbors testified that they are willing to assist her if she were to receive custody of the children.
[Cynthia] was diagnosed with breast cancer. Since her diagnosis, she has undergone surgery and chemotherapy treatments. [Cynthia]'s cancer is now in remission. There is no indication that her cancer has affected her ability to adequately care for the children. Testimony shows that the children are doing well in school and are happy.
[John] was laid off from his job for approximately six (6) weeks. [John] has been rehired and is earning wages equivalent to those he received prior to his being laid off. Since March 2008, [John] has consumed twelve (12) beers, which does not offend the sensibility of the [c]ourt. The [Smiths]' grandson recently passed away[,] and both [John]
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