Court of Appeals of Mississippi June 17, 2014, No. 2012-CA-01689-COA (Owens v. Owens)

JAMES, J.,

dissenting:

¶ 13. I disagree with the majority’s conclusion that there was “credible proof’ supporting the chancellor’s decision to terminate Brandi’s parental rights; therefore, I respectfully dissent.

¶ 14. Unless proven otherwise, “it is presumed that the best interest of the child will be served by remaining with his or her parents.” J.J. v. Smith, 31 So.3d 1271, 1276 (¶ 21) (Miss.