OF JUDGMENT: 07/01/2013.
FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT. TRIAL
JUDGE: HON. PATRICIA D. WISE. TRIAL COURT DISPOSITION:
PRIMARY CUSTODY OF MINOR CHILD AWARDED TO APPELLEE;
VISITATION AWARDED TO APPELLANT; JOINT LEGAL CUSTODY AWARDED
TO APPELLANT AND APPELLEE.
APPELLANT: FELECIA PERKINS, JESSICA NICOLE AYERS.
DAVIS, APPELLEE, Pro se.
P.J. LEE, C.J., ISHEE, CARLTON, MAXWELL AND FAIR, JJ.,
CONCUR. BARNES AND JAMES, JJ., CONCUR IN PART AND IN THE
RESULT WITHOUT SEPARATE WRITTEN OPINION. ROBERTS, J.,
DISSENTS WITH SEPARATE WRITTEN OPINION, JOINED BY IRVING,
NATURE OF THE CASE: CIVIL - CUSTODY
This case involves a child-custody dispute between the
child's natural father and the maternal grandmother. The
chancellor found that the natural-parent presumption had been
rebutted and that it was in the best interest of the child to
live with her grandmother. We find no error and affirm.
Concetter Davis was the mother of two children. Ka'Nyla
(" Ka" ) was born in 2001. Sha'Nyla M. Wilson
(" Sha" ) was born on April 20, 2003.
This action began as a paternity and custody dispute between
Concetter and James Wilson. James was adjudged to be
Sha's natural father. Concetter was awarded custody, and
James was awarded visitation.
Concetter died in 2011. When Concetter's relatives would
not return Sha to James, he filed a petition for modification
and sought sole legal and physical custody of Sha. The
chancellor entered an order that awarded the primary physical
custody of Sha to Pearlean Davis, Sha's maternal
grandmother. The chancellor also awarded James liberal
In the decision, the chancellor did not treat the issue as an
initial custody dispute between a natural parent and
grandparent. Instead, the chancellor considered the motion as
a modification of child custody based on the prior custody
determination between Concetter and James.
The judgment was appealed and assigned to this Court. We
reversed the judgment and remanded the case for the
chancellor to make a determination of whether the
naturalparent presumption had been rebutted. See
Wilson v. Davis, 111 So.3d 1280, 1283 (¶ 11)
(Miss. Ct.App. 2013).
On remand, the chancellor found that the natural-parent
presumption had been overcome and applied an
Albright  analysis. The chancellor entered a
judgment that ruled it was in Sha's best interest to
remain in Pearlean's custody. James appeals the
In child-custody cases, this Court will reverse the
chancellor's judgment only if the findings are manifestly
wrong or clearly erroneous, or an improper legal standard was
applied. Mabus v. Mabus, 847 So.2d 815, 818 (¶
8) (Miss. 2003).
We begin our review by noting that the appellee did not file
a brief in this case. The Mississippi Supreme Court has ruled
that the " [f]ailure of an appellee to file a brief is
tantamount to a confession of error and will be accepted as
such unless the reviewing court can say with confidence,
after considering the record and brief of the appealing
party, that there was no error." Sanders v.
Chamblee, 819 So.2d 1275, 1277 (¶ 5) (Miss. 2002).
We have reviewed the record and the appellant's brief,
and we can say with ...