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Mitchum v. Manning

The trial court did not err in overriding the appellant's opinion, as her mentally and physically incapacitated adult daughter's legal guardian, that it would be against her daughter's best interest to permit visitation with her father.

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Appellant Phyllis Mitchum is the legal guardian of Wanda, Mitchum’s mentally and physically incapacitated adult daughter. Appellee Johnny Manning is Wanda’s biological father. Mitchum prohibited Manning from visiting Wanda and Manning thereafter petitioned the trial court to permit visitation. The trial court granted Manning’s request and Mitchum appeals. Mitchum argues that the trial court erred in concluding that visitation with Manning was in Wanda’s best interest. For the reasons that follow, we affirm. The record shows that Wanda, who was 36 years old at the time of these proceedings, was born with hydrocephalus and suffers from severe mental and physical handicaps which render her unable to walk or talk. Mitchum contends that Wanda’s handicaps resulted from her premature birth, which was precipitated by Manning’s physical abuse of Mitchum during her pregnancy.

The parties divorced several years after Wanda’s birth, and both have since remarried. Because of Wanda’s condition, she has never lived at home; instead, she has been living in the state-run facility in which she currently resides since she was a small child. Wanda was a ward of the state until she turned 18 years old, at which time Mitchum was appointed her legal guardian.

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