Lowery v. Mardis
| Docket Number: | 2002-CA-01969-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2004 Opinion Author: Chandler, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Custody - Consideration of Albright factors Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-19-2002 Appealed from: Union County Chancery Court Judge: John C. Ross, Jr Disposition: PETITION TO MODIFY CHILD CUSTODY GRANTED Case Number: 14,396 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terrance Lee Lowery |
REGAN S. RUSSELL |
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| Appellee: | Lisa (Lowery) Mardis | JOE M. DAVIS |
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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: | Custody - Consideration of Albright factors |
| Summary of the Facts: | When Terence Lowery and Lisa Mardis were divorced, they were awarded joint legal custody their minor child, with Lisa to receive physical custody. Terence later filed a petition with the court for physical custody, and an order of modification was entered awarding custody of the child to Terence. Lisa later filed a motion for emergency relief in order to obtain temporary custody of the child. The motion was granted and the court set the matter for review. At the review hearing, the court awarded legal and physical custody to Lisa. Terence appeals. |
| Summary of Opinion Analysis: | The polestar consideration in child custody cases is the best interest and welfare of the child. The case of Albright v. Albright, 437 So.2d 1003 (Miss.1983) provided Mississippi courts with guidelines for determining the best placement of the child when adjudicating custody disputes. It is erroneous for a chancellor to fail to make a thorough discussion of the Albright factors. In this case, the chancellor did not recite any of the Albright factors or specifically mention the Albright case or its factors in his ruling. Therefore, the chancellor erred as a matter of law, and the case is remanded for application of the Albright factors. |
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