MALPASS v. HODSON

Citation Codes

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Docket Number

23735

Attorney(S)

Thomas B. Bryant, III, of Bryant, Fanning Shuler, Orangeburg, for appellants. Lewis C. Lanier, of Horger, Horger Lanier, Orangeburg, for respondent.

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Smart Summary

Factual and Procedural Background

The appellants, maternal grandparents of six-year-old Brandon Hodson, had custody of him since he was approximately nine months old due to the mother, Sherri Malpass, being in an abusive marriage and unable to care for him. Since then, the mother divorced, remarried, and sought full custody of Brandon beginning in 1987. Initially, a joint custody agreement allowed the mother visitation every other weekend, which was later expanded to every weekend. In November 1991, a Family Court hearing determined that the child's best interests would be served by transferring custody to the mother. The grandparents appealed this order.

Legal Issues Presented

Whether the child’s best interests are served by transferring custody from the maternal grandparents to the biological mother.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456 (1989)	Established a four-factor test in custody disputes where a natural parent seeks to reclaim custody from a third party: (1) Fitness and ability of the parent to care for the child; (2) Parent’s contact with the child during third-party custody; (3) Circumstances of temporary relinquishment; (4) Degree of attachment between child and third party.	The Court applied the four-factor test from Moore to affirm the transfer of custody to the mother, finding each factor satisfied based on the record.
Kay v. Rowland, 285 S.C. 516, 331 S.E.2d 781 (1985)	Reinforces the rebuttable presumption that a child’s best interests are served by placing custody with a biological parent.	Supported the presumption favoring the mother’s custody as the biological parent.
Gandy v. Gandy, 297 S.C. 411, 377 S.E.2d 312 (1989)	Confirms the Supreme Court’s jurisdiction to find facts in equity cases based on its own view of the preponderance of evidence.	The Court exercised its fact-finding authority to review and affirm the Family Court’s custody determination.

Court's Reasoning and Analysis

The Court emphasized that the paramount consideration in custody cases is the child’s welfare, with a rebuttable presumption favoring placement with a biological parent. Applying the four factors from Moore v. Moore, the Court analyzed:

Fitness of the Mother: Found no evidence suggesting the mother is unfit. She is in a stable marriage, stays at home to raise her daughter, and has financial support from her husband.
Contact with the Child: The mother maintained visitation and provided financial support during the grandparents’ custody.
Circumstances of Relinquishment: Custody was temporarily relinquished due to the mother’s abusive marriage, a circumstance that has since changed.
Attachment: Although the child has a close relationship with the grandparents, expert testimony, including from a Guardian ad Litem, confirmed a strong bond with the mother.

The Court deferred to the Family Court’s credibility determinations and found the evidence sufficient to support the custody transfer to the mother.

Holding and Implications

Affirmed.

The Court upheld the Family Court’s order transferring custody of Brandon Hodson from his maternal grandparents to his mother, Sherri Malpass. The decision directly affects the parties by changing custody but does not establish new legal precedent beyond reaffirming existing principles governing custody disputes involving biological parents and third parties.

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Sherri MALPASS, Respondent v. James A. HODSON, Jr., and Lynda S. Hodson,Appellants.

Heard Sept. 22, 1992.

Decided Nov. 9, 1992.

CHANDLER, Justice:

On appeal is an Order transferring custody of six-year-old Brandon Hodson from his maternal grandparents, the Appellants, to his mother, the Respondent. We affirm.

FACTS

Appellants (Grandparents) received custody of their grandson, Brandon, when he was approximately nine months old. At that time Respondent, Sherri Malpass (Mother), was in an abusive marriage, unable to care for the baby.

Since that time, Mother has divorced the abusive spouse and remarried. She and her current husband, Billy Malpass, have been married for five years and have a four-year-old daughter.

Since 1987, Mother has sought full custody of Brandon. The parties initially entered into a "joint custody" agreement whereby Mother would keep Brandon every other weekend. In January of 1991, this arrangement was expanded, temporarily, to visitation every weekend by Mother.

In November of 1991, the parties appeared before the Family Court to determine the sole and permanent custody of Brandon. The Court found that the best interests of Brandon would be served by transferring custody to his Mother. Grandparents appeal.

ISSUE

The sole issue here is whether the child's best interests are served by transferring custody to Mother.

DISCUSSION

It is well settled that in custody controversies the paramount consideration is the welfare of the child. There is a rebuttable presumption that a child's best interests are served by placing custody with a biological parent. Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456 (1989); Kay v. Rowland, 285 S.C. 516, 331 S.E.2d 781 (1985).

This Court has established that, in custody disputes where a natural parent seeks to reclaim custody from a third party, the following considerations govern:

(1) The parent must be fit and able to properly care for the child and provide a good home;

(2) The amount of contact, as measured by visitation, financial support, or both, which the parent had with the child while in the care of a third party;

(3) The circumstances under which temporary relinquishment occurred; and,

(4) The degree of attachment between the child and the third party.

Moore v. Moore, 300 S.C. at 79, 80, 386 S.E.2d at 458 (internal citations omitted).

In reviewing actions in equity, such as custody determinations, this Court has jurisdiction to find facts in accordance with its own view of the preponderance of the evidence. Gandy v. Gandy, 297 S.C. 411, 377 S.E.2d 312 (1989). Adverting to the record here and based upon the factors set forth in Moore, we agree with the Family Court judge that the evidence sufficiently supports a transfer of custody to the Mother.

As to the first factor, we find nothing to suggest that Mother is an unfit parent. She has been married to Billy Malpass for five years and stays at home to raise their four-year-old daughter. Mr. Malpass, employed full-time and also a member of the National Guard, is willing and able to support Brandon. The couple recently purchased a three-bedroom house.

Grandparents, contending that Mother is unstable, repeatedly cite conduct from the past, in part dating back to Mother's childhood. We find these charges irrelevant since the record shows that, currently, Mother is fit and able to provide Brandon a good home.

Referring to the second factor, the judge found that Mother has maintained contact in the form of visits and financial support. We agree. Although not bound by the judge's findings, we give deference to his conclusions since he could judge the credibility and candor of the witnesses firsthand.

As to the third factor, the record clearly establishes that Mother transferred custody of Brandon at a time when she was the victim of an abusive spouse. This situation has changed: Mother is now in a stable marriage and capable of providing a good home for Brandon.

In addressing the fourth Moore factor, the degree of attachment between Brandon and his Grandparents, the Family Court noted that the relationship is very close. However, the court, relying upon the testimony of witnesses as well as the reports of a psychologist and the Guardian ad Litem (GAL), found that Brandon has a strong attachment to his Mother. Specifically, the GAL testified that Brandon has bonded with Mother despite his having lived with Grandparents. We find the fourth Moore factor satisfied.

Relying on the factors established in Moore, supra, and the preponderance of the evidence, we affirm the Family Court Order granting Mother custody of her son.

Affirmed.

HARWELL, C.J., and FINNEY, TOAL and MOORE, JJ., concur.