Smith v. Wilson
Annotate this CaseCharlotte and Larry Wilson, parents of Crystal Wilson (deceased), filed an action requesting visitation with their grandchildren. The chancellor granted the request. Aggrieved, Stephen Smith, Crystal's former husband, and Melissa LuAnn Smith, Stephen's current wife, appealed the chancellor’s decision and challenged the constitutionality of Mississippi’s grandparent-visitation statutes. The Smiths raised four issues on appeal; the Supreme Court addressed each and held: (1) Mississippi's grandparent-visitation statute and the "Martin v. Coop" (693 So.2d 912(Miss. 1997)) factors do not violate the Constitution. (2) the chancellor did not err in applying the grandparent-visitation statutes, the "Martin" factors and "Troxel v. Granville" (530 U.S. 57 (2000)) to this case; (3) the chancellor properly applied the "Martin" factors; and (4) the Wilsons' visitation was not excessive. Thus, the Supreme Court affirmed the chancellor's judgment.
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