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Fuller v. Weidner

Court of Appeals of Mississippi

September 16, 2014

JAMES E. FULLER, JR. APPELLANT
v.
RACHEL WEIDNER APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT. DATE OF JUDGMENT: 05/07/2013. TRIAL JUDGE: HON. SANFORD R. STECKLER. TRIAL COURT DISPOSITION: TERMINATED FATHER'S PARENTAL RIGHTS.

FOR APPELLANT: WILLIAM CARL MILLER.

FOR APPELLEE: SUZANNE BAKER STEELE.

EN BANC. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CIVIL - CUSTODY

LEE, C.J.

¶1. In this appeal, we must determine whether the chancellor erred in terminating the father's parental rights. Finding no error, we affirm.

PROCEDURAL HISTORY

¶2. James E. Fuller Jr. and Rachel Weidner are the parents of Remmy Fuller, born February 13, 2009. Fuller and Weidner had a tumultuous relationship, which ended when Remmy was approximately fourteen months old. On April 23, 2010, an order to renew and extend a temporary

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domestic-abuse protective order was entered in the Jackson County Justice Court. This order extended a prior temporary domestic-abuse protective order dated April 14, 2010,[1] for one month, and ordered Fuller to have " no contact involving the child until [the] chancery court establishes custody."

¶3. On April 27, 2010, the Harrison County Chancery Court entered a judgment for support and other relief pursuant to a Department of Human Services action to establish child support for Remmy. The chancellor set child support and entered a separate withholding order for the payments. Fuller was also assessed past-due child support.

¶4. On May 22, 2012, Weidner filed an action in the Harrison County Chancery Court to terminate Fuller's parental rights. She filed an amended action on July 3, 2012. After two continuances, a hearing was held on April 16, 2013.[2] During this time, a guardian ad litem was appointed to assess the situation and make a recommendation. The chancellor determined that Fuller had abandoned Remmy and entered an order terminating his parental rights.

¶5. Fuller now appeals, asserting the chancellor erred by (1) misapplying the law, and (2) finding ...


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