McCraw v. McCraw
| Docket Number: | 2002-CA-00562-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child custody - Court’s findings 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: 01-17-2002 Appealed from: Jasper County Chancery Court Judge: H. David Clark Disposition: APPELLANT WAS GRANTED A DIVORCE ON THE GROUNDS OF ADULTERY AND APPELLEE WAS AWARDED PRIMARY CARE, CUSTODY AND CONTROL OF THE MINOR CHILDREN. Case Number: 00-2124 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roger McCraw |
RANCE N. ULMER |
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| Appellee: | Linda Gale McCraw | LINDA GALE MCCRAW (PRO SE) |
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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 - Court’s findings |
| Summary of the Facts: | Roger and Linda McCraw were granted a divorce on the ground of adultery committed by Linda. The court awarded primary custody of the couple’s four children to Linda. Roger appeals. |
| Summary of Opinion Analysis: | Roger argues that the court erred in granting custody to Linda, because he should have found in Roger’s favor on the factors of continuity of care, better parenting skills, employment of the parents, and health of the parents. In a child custody case, the chancellor must keep the best interest of the child as his paramount concern. Factors the court should consider include age, health and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and the willingness and capacity to provide primary child care; employment of the parent; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of the parents; home, school and community record of the child; preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent; and other relevant factors. Although Roger’s new work schedule is from 5:00 a.m. until 3:30 p.m., he will be unavailable in the morning and such a change does not outweigh Linda's proven record of continued care for the children. Roger acknowledged that Linda had always done the majority of the cooking, cleaning and caring for the children. While Linda is currently enrolled at Bessemer State Technical College in Alabama, receiving a degree in computer science, her schedule allows her to be home with the children when they leave for school in the morning and when they arrive home in the afternoon. At the time of trial, Linda was under no medication and had fully recovered from her operation for cancer. Although Linda admitted that she had been romantically involved with two different men after the separation, there is no evidence regarding any detrimental effects the children may have suffered as a result of these affairs. Therefore, the chancellor’s decision was supported by credible evidence. |
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