Johnson v. Johnson
| Docket Number: | 2002-CA-01851-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2004 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child custody - Recommendation of guardian ad litem - Section 93-5-23 - Consideration of Albright factors Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 09-10-2002 Appealed from: Prentiss County Chancery Court Judge: Jacqueline Mask Disposition: CUSTODY OF CHILD AWARDED TO NATURAL FATHER Case Number: 2001-158 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Chylanee Nicole Dixon Johnson |
STEPHEN TRAVIS BAILEY |
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| Appellee: | Jason Paul Johnson | KIMBERLY DROWN KITCHENS |
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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: | Child custody - Recommendation of guardian ad litem - Section 93-5-23 - Consideration of Albright factors |
| Summary of the Facts: | While married to Jason Johnson, Chylanee Johnson took the couple’s daughter to California. As the stay in California extended, Jason became convinced that Chylanee had no intention of returning with their daughter. After obtaining an order for temporary custody of the child, Jason flew to California and obtained custody of her. The chancellor, by order entered on her own motion, appointed a guardian ad litem for the child. The guardian ad litem recommended that the mother be given paramount physical custody of the child. However, the chancellor awarded custody to Jason. Chylanee appeals. |
| Summary of Opinion Analysis: | Issue 1: Recommendation of guardian ad litem Chylanee argues that because the appointment of a guardian ad litem in this case was mandatory under section 93-5-23, the court erred by failing to state with some particularity both the reasoning of the guardian ad litem as well as the basis for the chancellor’s disagreement with that reasoning. Section 93-5-23 appears to afford the chancellor some discretion in determining whether there is a legitimate issue of neglect or abuse even in those situations where one party elects to make such an assertion in the pleadings, since the statute uses the permissive “may” in authorizing the chancellor to invoke the investigatory arm of the Department of Human Services to look into the truth of the assertions. In addition, the record shows that the chancellor did, in fact, consider the recommendation of the guardian ad litem, including the underlying reasons offered by the guardian, and simply found herself unpersuaded by the rationale offered. Therefore, there was no abuse of discretion by the chancellor. Issue 2: Albright factors Chylanee argues that the chancellor erred in her evaluation of the various factors which must be considered in making custody determinations. However, the chancellor’s findings in this case are supported by evidence in the record, which the chancellor evidently found to be persuasive. |
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