Jones v. Jones
| Docket Number: | 2003-CA-00247-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Contempt - Unclean hands - Material change in circumstances Judge(s) Concurring: King, C.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Southwick, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 01-28-2003 Appealed from: Harrison County Chancery Court Judge: Margaret Alfonso Disposition: MODIFICATION TRANSFERRING CUSTODY TO APPELLEE. Case Number: C2401 02-00190 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James A. Jones |
DAVID R. DANIELS |
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| Appellee: | Rayna L. Jones | DEMPSEY M. LEVI SARAH E. BERRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Modification of custody - Contempt - Unclean hands - Material change in circumstances |
| Summary of the Facts: | James and Rayna Jones, who have three children, divorced in the State of Washington in 2001. James was awarded paramount custody of the children. All parties subsequently moved to Mississippi. In 2002, Rayna filed a complaint to enroll the foreign judgment requesting modification. Both parties subsequently filed motions for contempt. The chancellor entered a judgment modifying the divorce and changing custody from James to Rayna. James appeals. |
| Summary of Opinion Analysis: | Issue 1: Contempt James argues that Rayna should be found in contempt of the Washington judgment of divorce which provided that neither party was to discuss child support or any case-related financial issues with the children or use the children directly or indirectly to gather information about the other parent or carry messages from one parent to another. In support, James offers e-mails sent between the parents which Rayna forwarded to their daughter. One defense available to a civil contempt charge is that whatever violation there may have been of a decree or order was not willful or deliberate such that the behavior in question may not be labeled as contumacious. Here, the court did not abuse her discretion in finding that neither party's actions were so egregious as to merit a harsh finding of civil contempt. Issue 2: Unclean hands James argues that the chancellor erred in granting Rayna relief despite her alleged unclean hands. Because James did not provide any authority to support his argument, this assignment of error is without merit. Issue 3: Material change in circumstances In cases involving a request for modification of custody, the chancellor's duty is to determine if there has been a material change in the circumstances since the award of initial custody which has adversely affected the child and which, in the best interests of the child, requires a change in custody. The chancellor in this case found that the seventeen-year-old daughter has expressed her strong desire to live with her mother and that the living conditions have deteriorated at her father’s house. While the preference of a disgruntled seventeen-year-old child does not constitute a material change in circumstances, the chancellor did not abuse her discretion in determining that the circumstances of the custody arrangement had materially changed. The chancellor considered the testimony, the detrimental change in circumstances, and the adverse effect such changes were having upon the children. |
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