More and more these days, grandparents have been called on to provide care for grandchildren due to problems experienced by their children.  A recent Mississippi case expanded the interpretation of the “grandparents visitation” law.
Following a contested custody action, the Mississippi chancery court found Crystal Combs and Andrew Darby unfit to retain custody of their minor daughter, Addie Darby, based on the alcohol and drug abuse and mental illness-related behavior problems of those young parents.  After considering many factors pertaining to the ability to provide care for Addie, the Chancellor awarded joint physical custody of the child to Addie’s maternal great-grandparents and her paternal grandmother.  The grandmother appealed, asserting that Miss. Code Ann. § 93-5-24 prohibits chancellors from awarding joint custody to parties other than a child’s natural parents.
The court of appeals and the Mississippi Supreme Court affirmed the trial court’s ruling.  The court held that the custody statute does permit third parties “to share joint custody when the parents have been found unfit and joint custody would be in the child’s best interest.”
Darby v. Combs, 2017 WL 5188289 (Miss. Nov. 9, 2017)
For more information, contact an experienced attorney at Courtney Elder Law Associates. We can answer your questions and help you through the process.