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In re Adoption of J. J. G. C. L. M.

March 25, 1999

IN THE MATTER OF THE ADOPTION OF J. J. G.: C. L. M., JR., AND J. B. M.
v.
D. J. G. AND A. L. G.



The opinion of the court was delivered by: Sullivan, Presiding Justice

DATE OF JUDGMENT: 11/17/1997

TRIAL JUDGE: HON. SEBE DALE, JR.

COURT FROM WHICH APPEALED: MARION COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

DISPOSITION: AFFIRMED - 03/25/1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

STATEMENT OF THE CASE AND THE FACTS

¶1. Appellants C.L.M. and J.B.M. are the natural maternal grandparents of the minor child J.J.G. Appellees D.J.G. and A.L.G. are the natural parents of the minor child. D.G.B. is the natural paternal grandmother of the minor child.

¶2. On August 4, 1997, the maternal grandmother D.G.B. filed a Petition for Adoption in the Chancery Court of Marion County, Mississippi, asking the court to award physical custody of the minor child to her. D.J.G. and A.L.G., the child's natural parents, joined in the petition and consented to the adoption.

¶3. On August 7, 1997, the maternal grandparents C.L.M and J.B.M. filed an Objection to Adoption of the minor child claiming (1) the adoption is merely an attempt to defeat their May 28, 1997 petition for the award of grandparents' visitation, and (2) the minor child's mother D.J.G. is not fully informed as to the consequences of the adoption.

¶4. On November 6, 1997, the paternal grandmother D.G.B. filed a Motion to Dismiss Objection and Visitation Claims. In said motion it was clarified that (1) D.G.B. had been granted joint physical custody of the minor child, along with the natural parents, D.J.G. and A.L.G., on March 14, 1997, and (2) C.L.M. and J.B.M. had been granted interim visitation with the minor child as of August 6, 1997. In this motion, the paternal grandmother D.G.B. and the natural parents, D.J.G. and A.L.G., argued the child's maternal grandparents C.L.M. and J.B.M. lack standing to petition the court for visitation rights. The lower court agreed, and on November 17, 1997, a Judgment Granting Petitioner's Motion to Dismiss Respondents' Objection was entered finding C.L.M. and J.B.M. had no standing to enter this matter and granting C.L.M. and J.B.M. the right to this interlocutory appeal.

ΒΆ5. The issue now before the Court is whether the natural grandparents of a minor child have standing to object ...


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