• IN THE CHANCERY COURT OF HARRI...

IN THE CHANCERY COURT OF HARRISON COUNTY, MISSISSIPPI IN THE MATTER OF THE GUARDIANSHIP OF J.C., A MINOR PETITIONER CAUSE NO.: 17-718(1) AMENDED PETITION TO DETERMINE UNKNOWN GUARDIAN OF WARD COMES NOW, Petitioner, Tiffany Colley, as Mother and next friend of J.C., a minor, and hereby files this Amended Petition to Determine Unknown Guardian of Ward, J.C., a Minor. In support thereof, Petitioner states as follows, to-wit: 1. That on March 14, 2005, J.C., a Minor, named Jarques Colley, was born to Tiffany Colley and Johnny Smith, who were not married at the time. Johnny Smith is not included nor named as the father on J.C.'s birth certificate. See, Exhibit A to Petition for Appointment of General Guardian and for Grant of Letters of Guardianship. 2. That Johnny Smith's whereabouts are not known by Petitioner. J.C., a Minor has been in Petitioner's sole custody since birth and has never known his father. Johnny Smith has never provided any financial, physical, or emotional support to J.C. and has never been involved in any decision making for J.C. 3. As set forth above, Johnny Smith has never made any effort to exercise his parental rights for J.C. Thus, Petitioner would assert Johnny Smith has abandoned his child. 4. Put simply, Johnny Smith, as the putative father of J.C., a Minor is not entitled to notice of a proposed settlement of claims for personal injuries suffered by J.C., a Minor, where he, Johnny Smith, has never been recognized be law as the father and did not live with or support J.C., a Minor. In re Hemphill-Weathers v. Farrish, 779 So. 2d 167 (Miss. Ct. App. 2001). However, based on the guidance of the Court, Petitioner will make every lawful effort to provide notice to Johnny Smith. 5. That on August 31, 2017, Petitioner filed the Petition for Appointment of General Guardianship and for Grant of Letters of Guardianship. Petitioner is a plaintiff, acting in her capacity as mother and next friend to J.C., in the lawsuit styled Cause NO. A2401-14-89; Tiffany Colley, as Mother and Next Friend of J.C., a minor v. Ford Motor Company, The Goodyear Tire & Rubber Company, Select One Auto Repair, Inc. d/v/a Select One Auto Sales; In the Circuit Court of Harrison County, Mississippi, First Judicial District. 6. That the whereabouts of Johnny Smith are unknown to Petitioner after diligent search and inquiry. 7. Petitioner seeks to provide notice to Johnny Smith pursuant to Miss. Code. Ann. Section 93-13-281 so that he may exercise his rights to potentially join in this action. 8. As Johnny Smith's post office addresses and/or street addresses are unknown to Petitioner, Johnny Smith will be made party to this Petition by service by publication pursuant to Miss Code. Ann Section 93-13-281, in the Sun Herald, a newspaper of general circulation in Harrison County, Mississippi, with proof of publication to be filed in this action. 9. Pursuant to Miss. Code Ann Section 93-13-281, Petitioner prays that after appropriate hearing and call for any known or unknown guardian(s) of J.C., the Court will order and adjudicate the Petition for Appointment of General Guardian and for Grant of Letters of Guardianship and name Tiffany Colley, as General Guardian and allow for the Grant of Letter of Guardianship. WHEREFORE PREMSIES CONSIDERED, Petitioner prays that (1) this matter be set for hearing on February 1, 2018 at 9:00 a.m. at the Harrison County Courthouse located at 1801 23rd Ave., Gulfport, Mississippi 39501; (2) that process be issued by this Court, in the manner and from required by law, com manding Johnny Smith to appears before this Court to respond to Petitioner's prayer for relief; and (3) that after appropriate hearing and call for any known or unknown guardian(s) of J.C., the Court will order and adjudicate the Petition for Appointment of General Guardian and for Grant of Letters of Guardianship and name Tiffany Colley, as General Guardian and allow for the Grant of Letter of Guardianship; and any and all additional relief in favor of Petitioner deemed appropriate by this Honorable Court. Respectfully submitted, this the 8th day of January, 2018. TIFFANY COLLEY, NATURAL MOTHER AND NEXT FRIEND OF J.C., A MINOR BY: s/ Corban Gunn CORBAN GUNN, (MSB #101752_ Corban Gunn, (MSB #101752) CORBAN GUNN, PLLC P.O. Box 1466 Biloxi, Mississippi 39533 Telephone: (228) 284-6805 Facsimile: (228) 284-6806 corban@corbangunn.com ADV12,19,26 1597108