Steverson v. Steverson
| Docket Number: | 2002-CA-00992-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 05-20-2002 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: CUSTODY OF TWO MINOR CHILDREN AWARDED TO FATHER. Case Number: 01-07-0994 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Judith Ann (McElyea) Steverson |
ROSS R. BARNETT, JR. |
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| Appellee: | Stephen Marshall Steverson | KAY FARESE TURNER |
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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: | Divorce: Irreconcilable differences - Child custody |
| Summary of the Facts: | Judith and Stephen Steverson were granted an irreconcilable differences divorce, and the court awarded Stephen custody of the couple's two minor children. Judith appeals. |
| Summary of Opinion Analysis: | Judith argues that the chancellor erred by failing to apply the tender years doctrine. A child's age is merely one of a number of considerations of equal value in determining custody. Courts must focus in custody matters on the welfare of the children involved. Here, the chancellor found that because both children were boys, as well as noting the law's compelling interest in keeping siblings together, this effectively outweighed the tender years presumption. The home, school and community record of the child favored the father because of his involvement in extracurricular activities and sports with the boys. In addition, the chancellor found one of the boys had a stronger bond with his father, which Judith admitted. Therefore, there was no error in the court’s decision since the chancellor utilized a thorough analysis of the Albright factors. |
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