Deanna Kaye Patrick v. James Dewy Boyd

CARLTON, J.,

dissenting:

¶48. I respectfully dissent from the decision of the majority. I would reverse the chancellor’s award of custody to Brittany and James. The record reflects that neither Brittany nor James was entitled to the natural-parent presumption, and the record reflects no showing of a material change of circumstances adverse to the best interests of the child by Brittany or James.17 Brittany voluntarily relinquished temporary legal and physical custody of Hayden to her mother, Deanna, in 2008; and Deanna acquired incidents of permanency since her custody of Hayden remained unchallenged for five years.18 Therefore, without a material change in circumstances, the record fails to support a consideration by the chancellor of a change in custody -under the Albright analysis.

JAMES, J., JOINS THIS OPINION.

. See Grant v. Martin, 757 So.2d 264, 266 (¶ 10) (Miss.2000) ("[A] natural parent who voluntarily relinquishes custody of a minor child, through a court of competent jurisdiction, has forfeited the right to rely on the existing natural parent presumption.”); Hall v. Hall, 134 So.3d 822, 825 (¶ 9) (Miss.Ct.App.2014) (setting forth the requirements for showing that a material change in circumstances has occurred in the custodial home); see also Johnson v. Gray, 859 So.2d 1006, 1013 (¶ 33) (Miss.2003); Riley v. Doemer, 677 So.2d 740, 743 (Miss.1996); Ethredge v. Yawn, 605 So.2d 761, 764 - (Miss.1992) (“[A]bandonment [i]s any course of conduct on the part of a parent evincing a settled purpose to forgo all duties and relinquish all parental claims to the child.”); Adams v. Johnson, 33 So.3d 551, 555-56 (¶¶ 9-10) (Miss.Ct.App.2010).

.Swartzfager v. Derrick, 942 So.2d 255, 258 (¶[ 10) (Miss.Ct.App.2006).