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Litigation

BY ALM Staff
February 23, 2009

Deceased Minor Child's Remains

A mother was permitted to disinter her deceased minor child's remains. In re Body of Spiers, No. 2007-CA-00267-SCT (Miss. Aug. 21, 2008).

Compelling reasons supported a mother's petition to disinter her deceased minor child's remains so that the child could be reinterred in Texas, where the child had lived with her mother and stepfather prior to an airplane crash in which the child was killed and the mother was injured. Although the child had spent time with her natural father and grandparents in Mississippi, the child would have been initially buried in Texas had the mother not been hospitalized with severe injuries. Despite her injuries, the mother had adamantly opposed the child's Mississippi burial, and a Texas burial would allow the mother to visit the child's grave more conveniently.

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