Smith v. Smith

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During a family counseling meeting, Rachel accused David of molesting their daughter. The Harrison County Department of Human Services (“DHS”) and the Biloxi Police Department investigated the alleged abuse. As part of the investigation, the South Central Mississippi Child Advocacy Center conducted a forensic interview of the couple's daughter "Samantha." During this interview, Samantha made no mention of abuse. And ultimately, neither DHS nor the Biloxi police sought criminal charges or youth-court action against David. Still, Rachel filed her complaint for divorce from David on August 31, 2011, and she continued to claim he had sexually abused their daughter. When sexual-abuse allegations are raised in a child-custody case, a guardian ad litem (GAL) must be appointed to represent the child’s best interest. Here, the appointed GAL made visitation recommendations but was not asked to make a custody recommendation. The chancellor addressed this issue on his own. Upon review of this case, the Supreme Court found the fact that the chancellor made an independent custody assessment was not made in error. Furthermore, there was no error in the chancellor’s ultimate custody decision, evidentiary rulings, and award of costs to the husband. The Supreme Court found however, the chancellor should have explained why he rejected the GAL’s recommendation that the minor children be assessed and counseled. This omission was harmless error and did not require reversal. The Supreme Court affirmed the chancellor's decision. View "Smith v. Smith" on Justia Law