Guns, Garbage, And Kids Termination of Parental Rights

If you have a gun behind your back and act as if you are going to point it at someone, will this go over well with the Judge?

I’ll give you one guess.

A case from the Mississippi Court of Appeals, Guardianship of B.P. v. Thomas, covers this issue.

Michael was the Daddy of three kids that he had with his wife.

Before the Court decides this case, the Momma of these kids no longer has them because her rights were terminated.

This is already a bad sign.

Before all this happens, one of the kids gets out of Michael and his wife’s house unsupervised.

Termination of Parental Rights – Do You Have To Watch Your Kids Every Second?

Now, I’m not a believer in keeping kids around you all the time and a kid getting out of the house is what I did all the time when I was little.

But, today, it seems some people think you must have your eyes on your kids every second.

I don’t know how a kid can function if that is the case.

Nevertheless, because this happens, some genius calls Child Protective Services.

In their infinite wisdom, CPS decides there must be two guardianships established.

One guardianship for two kids with Michael’s Daddy and Stepmom named as the guardians.

A second guardianship for the other kid with Patrick Thomas and his wife as the guardians.

This seems a bit excessive to me but let’s listen to the rest of the facts.

Guns, Garbage, And Kids Termination of Parental Rights

One of Michael’s relatives, Dawn Williams, testifies that his house is in such a bad state, she calls church members to help her clean up.

Dawn says the house was unclean and garbage and debris is everywhere in the house.

Dawn says the water does not work at the house.

Now, I can see why Michael is about to have problems.

Instead of helping fix his own house, Michael goes hunting.

Dawn also says one of the kids swallows a Xanax and that Michael leaves them by themselves all the time.

After all this, Michael, who is now divorced from his wife, goes to Patrick Thomas’ house to exercise visitation with his kids on the day after Christmas.

Michael and his girlfriend snatch one of the kids and put the kid in the backseat of their car.

Michael says Patrick approaches him as if to hit him with a board.

So, what does Michael do?

He reaches behind his back as if he is going to pull a gun on Patrick.

Does he have a gun?

Yes.

Does Michael make an attempt to deescalate the situation?

No.

The police arrive.

The kid goes back to the Thomas family.

Everyone files suit against each other.

Most importantly, Patrick and his wife file a Petition to Terminate Parental Rights.

Termination of Parental Rights | The Legal Mumbo Jumbo

Now, what’s the legal mumbo jumbo on terminating parental rights?

In custody battles between a natural parent and a third party, it is presumed that it is in the child’s best interest to remain with his or her natural parent. Smith v. Smith, 97 So. 3d 43, 46 (Miss. 2012).

However, the natural parent presumption can be rebutted by a clear showing that: (1) the parent has abandoned the child; (2) the parent has deserted the child; (3) the parent’s conduct is so immoral as to be detrimental to the child; or (4) the parent is unfit, mentally or otherwise, to have custody.” Id.

Absent a showing by clear and convincing evidence that the natural parent has abandoned the child or is otherwise unfit, the natural parent will prevail in a third-party custody contest. McCraw v. Buchanan, 10 So. 3d 979, 984 (Miss. Ct. App. 2009).

A finding of unfitness is necessary before the court considers the best interest of the child.

What’s this legal mumbo jumbo mean?

It means a parent is presumed to be the best person to raise a kid.

But, you can lose this presumption in three ways.

In this case, we know Michael does not abandon his kid.

We know Michael does not desert his kid.

So, we have the third and fourth way a parent can lose this presumption here: conduct is immoral or the parent is unfit.

Michael loses this presumption and now, the Court says it agrees with the trial judge that after conducting an Albright analsis (there’s that case again, have you read it yet?), Michael loses custody.

Termination of Parental Rights | The Bottom Line

Get a lawyer when you have something like this going on in your life.

Even with all those other bad things happening, if Michael does not pull a gun and try to snatch the kid, he has no issues.

But, this one mistake was enough for the Court to take his kids.