Woodell v. Parker

• Decision Date: 04 December 2003
• Docket Number: No. 2001-CA-01679-SCT.,2001-CA-01679-SCT.
• Citation: 860 So.2d 781
• Parties: Christine Lauralene WOODELL and Carroll Dean Woodell v. Henry PARKER and Barbara Parker.
• Court: Mississippi Supreme Court

860 So.2d 781

Christine Lauralene WOODELL and Carroll Dean Woodell v. Henry PARKER and Barbara Parker.

No. 2001-CA-01679-SCT.

Supreme Court of Mississippi.

December 4, 2003.

Woodrow W. Pringle, III, Gulfport, attorney for appellants.

Walter L. Nixon, Jr., attorney for appellees.

GRAVES, Justice, for the Court.

¶ 1. Christine Lauralene Woodell and Carroll Dean Woodell seek review of the ruling of the Harrison County Chancery Court, Second Judicial District, which granted the petition of Henry and Barbara Parker for grandparent visitation. The chancellor determined that Henry and Barbara Parker had a viable relationship with their granddaughter, that the Parkers had been unreasonably denied visitation rights, and that it was in the best interest of the grandchild to have contact with the Parkers. The Woodells appeal this ruling. We affirm the judgment of the chancellor.

FACTS

¶ 2. Shelby Marie Woodell ("Shelby") was born on May 29, 1995, to Laura Christine Woodell ("Laura") and John Andrew Parker ("Andy") who were not married. Laura was 18 years old and had just recently graduated from high school when Shelby was born. Andy was 20 years old. Both Laura and Andy, who had dated for three years, lived at home with their parents.

¶ 3. Three days after Shelby's birth, Laura's parents, Carroll and Christine Woodell ("Woodells"), filed a petition for adoption. Laura and Andy each signed a consent, waiver of process and joinder; an affidavit of surrender and consent; and an additional affidavit which stated in part the consents and surrenders were irrevocable.¹ The adoption order was filed on June 19, 1995. Henry and Barbara Parker ("Parkers"), Andy's parents, were not made aware of the adoption until months later.

¶ 4. After the adoption, Laura and Shelby continued to live with her parents, and Andy continued to live with his parents. Laura and Andy both spent time with Shelby. Andy and his parents sent money to the Woodells for Shelby. At least six cashed checks from 1997 are contained in the record which substantiate the Parkers' claims that they provided financial support to Shelby. However, eventually Mrs. Woodell refused to cash their checks. The Parkers also kept Shelby during the day while Laura attended community college. Early in life, Shelby had an established relationship with the Parkers. Laura even sent the Parkers birthday cards from Shelby in 1996 and 1997. Both Andy and his parents were allowed visitation and overnight visits with Shelby.

¶ 5. Ultimately, the relationship between Laura and Andy deteriorated, and the visits with the Parkers were restricted. Around Shelby's third birthday, the Woodells began refusing both Andy and his parents visitation. At first, the Woodells provided what seemed to be legitimate excuses as to why Shelby could not come for visits. To quote Mrs. Woodell, Shelby was a "busy girl." However, after repeated refusals by the Woodells to allow either Andy or the Parkers visitation, it became clear that the Woodells were in fact attempting to shut them out of Shelby's life. Eventually, the Parkers were totally denied visitation after Shelby's fourth birthday. The Parkers attempted to reason and negotiate with the Woodells to obtain visitation but their efforts were unsuccessful.

¶ 6. On March 5, 1999, the Parkers, as the biological paternal grandparents, filed a petition for grandparents' visitation. The Woodells filed a motion to dismiss the action and for attorney fees. Attached to their motion were the adoption pleadings which indicated the Woodells' adoption of the minor child of their daughter, Laura, and the Parkers' son, Andy. The Woodells argued that as the "adoptive parents" of Shelby they had a fundamental right to choose with whom their granddaughter spent time and until proof was shown that they were unfit parents, the Courts could not take this right away from them. The chancellor denied the Woodells' motion to dismiss.

¶ 7. Thereafter, the Woodells filed a second motion to dismiss on September 20, 2001, on the grounds that the Mississippi Grandparents' Visitation Statute was unconstitutional. This motion was filed the Friday before the case was set to go to trial on Monday. The Parkers filed a motion to strike on the grounds that the motion was untimely and in derogation of the chancellor's previous order.

¶ 8. A hearing was held on September 24, 2001, where the chancellor heard arguments on the motion to dismiss, the motion to strike and the merits of the petition for visitation.

Testimony at the hearing revealed:

(1) The Parkers were not aware of the adoption until months after its completion;

(2) The Parkers kept Shelby during the day while Laura attended school and kept Shelby overnight on several occasions;²

(3) Laura sent the Parkers birthday cards from Shelby;

(4) The Parkers gave Shelby gifts for birthdays and other holidays;³

(5) Mrs. Woodell acknowledged that the Parkers had sent financial support to Shelby, but that she did not cash most of the checks;

(6) On at least one occasion, Mrs. Woodell discussed with Mr. Parker their refusal to allow visitation;

(7) Mrs. Woodell acknowledged that Laura's feelings toward Andy with regard to the deterioration of their relationship did play a role in the determination to refuse visitation;

(8) The reasons cited by Mrs. Woodell with regard to why she believed it was not in the best interest of Shelby to visit with the Parkers included Mr. Parker's gun collection; the confusion such visitations would cause Shelby; Shelby having ridden, on a four wheeler with Mr. Parker at their family farm; the Parkers judgments with regard to Shelby may differ from her own; and six-year-old Shelby is a "busy girl;"

(9) The Parkers testified that if given visitation they would not undermine the Woodells' discipline of Shelby or the principles by which they require her to abide;

(10) The guns which the Parkers have in their home are antique collectibles which are locked in gun safes. The Parkers have also agreed that if requested, they would remove the guns from their home in order to reassure the Woodells;

(11) The Woodells are currently separated and living apart;

(12) Since Mrs. Woodell's apartment flooded, Laura has been primarily keeping Shelby;

(13) Laura has married and as of the hearing was expecting another child;

(14) Shelby calls Laura "mom," Andy "dad," the Woodells "grandpa and grandma," the Parkers "grandma and grandpa," and Laura's new husband "Mark and/or Dad;"

(15) The Parkers only live fourteen miles away from the Woodells and Laura; and (16) The Parkers have eight other grandchildren besides Shelby and all are girls.

¶ 9. On September 26, 2001, the chancellor entered an order granting the Parkers' petition for grandparent visitation. The chancellor found the Parkers qualified for visitation rights under Miss.Code Ann. § 93-16-3(2) because they had established a viable relationship with Shelby, they had been unreasonably denied visitation, and it was in Shelby's best interest to maintain contact with the Parkers. The chancellor applied the Martin⁴ factors and ordered that the Parkers would have visitation with Shelby one weekend per month, every other Spring Break/Easter holiday, two weeks every summer, the Friday and Saturday following Thanksgiving and the four days after Christmas. From this judgment, the Woodells appeal.

DISCUSSION

¶ 10. This Court employs a limited standard of review in reviewing the decisions of a chancellor. Reddell v. Reddell, 696 So.2d 287, 288 (Miss.1997). The findings of a chancellor will not be disturbed unless this Court finds the chancellor abused his discretion, was manifestly wrong or made a finding which was clearly erroneous. Bank of Miss. v. Hollingsworth, 609 So.2d 422, 424 (Miss.1992). Additionally, deference is also given to the trial court's determinations as to the weight and credibility of witnesses when there is conflicting testimony. See Scott Addison Constr., Inc. v. Lauderdale County Sch. Sys., 789 So.2d 771, 773-74 (Miss. 2001)

; Murphy v. Murphy, 631 So.2d 812, 815 (Miss.1994); Culbreath v. Johnson, 427 So.2d 705, 708 (Miss.1983).

¶ 11. As for questions of law, the standard of review is de novo. Zeman v. Stanford, 789 So.2d 798, 802 (Miss.2001). See also Consolidated Pipe & Supply Co. v. Colter, 735 So.2d 958, 961 (Miss.1999)

; Harrison County v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990).

I. WHETHER MISS. CODE ANN. § 93-16-3 (1994) IS CONSTITUTIONAL AND CONFLICTS WITH OTHER STATUTORY PROVISIONS.

¶ 12. The Woodells argue that the Mississippi Grandparents' Visitation Rights Statute is unconstitutional under Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). This Court finds that this issue has already been addressed in Stacy v. Ross, 798 So.2d 1275 (Miss.2001).

¶ 13. In Stacy, we held that the Mississippi Grandparents' Visitation Rights Statute was constitutional even under the United States Supreme Court's holding in Troxel. As we have already specifically rejected the Woodells' arguments in Stacy, this issue is without merit.

II. WHETHER UNDER MISS. CODE ANN. §§ 93-16-3(2) & (3) THE PARKERS FAILED TO ESTABLISH A VIABLE RELATIONSHIP OR THAT THEY WERE UNREASONABLY DENIED GRANDPARENTS' VISITATION RIGHTS.

¶ 14. The Woodells argue that the Parkers failed to show that they had established a viable relationship with Shelby or that they were unreasonably denied grandparents' visitation rights under Miss. Code Ann. § 93-16-3(2) and (3).

¶ 15. Any rights the Parkers hold with regard to visitation with Shelby is statutory. The Mississippi Grandparents' Visitation Rights Statutes, Miss.Code Ann. §§ 93-16-1 to 93-16-7, provide grandparents with visitation rights under certain circumstances. Without question, the Parkers have met the criteria for invoking the statute as provided for in Sections 93-16-3 and 93-16-7. However, the question then becomes, whether the Parkers have met the applicable criteria and factors required...