Wilson v. Davis
Annotate this CaseThis action began as a paternity and custody dispute between Concetter and James Wilson. James was adjudged to be Sha’Nyla Wilson'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 visitation. 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 chancery court found that the natural parent presumption was rebutted, and, further, that the best interests of the child were served by remaining in the physical custody of the grandmother, while allowing the father liberal visitation. Because the evidence was insufficient to rebut the natural parent presumption, the Supreme Court reversed and remanded the case for further proceedings.
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