Clay v. Clay
| Docket Number: | 2001-CA-00889-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, 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: 05-08-2001 Appealed from: Winston County Chancery Court Judge: John Love, Jr. Disposition: DIVORCE GRANTED, CUSTODY OF CHILD TO FATHER Case Number: 2000-150 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Paula Ray Clay |
HELEN J. MCDADE
JAMES A. WILLIAMS |
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| Appellee: | Stephen Clinton Clay | C. HUGH HATHORN |
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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: | Paula Clay and Stephen Clay consented to a divorce on grounds of irreconcilable differences and agreed to allow the chancellor to equitably distribute liabilities and assets and to decide child custody and support. The chancellor divided the marital property and awarded physical and legal custody of the parties’ minor child to Stephen. Paula appeals. |
| Summary of Opinion Analysis: | Paula argues that the court erred by awarding custody of the couple’s child to Stephen. Factors the court considers in awarding custody 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 and responsibilities of that employment; 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 any other relevant factors. The chancellor determined that the age factor favored the mother since she is thirty-three while Stephen is fifty-nine, while sex favored the father. The chancellor found that Paula would probably not provide the child with a proper diet and that the mental health factor favored Stephen. The chancellor found that employment favored Paula since Stephen had made unwise employment decisions and that Paula had been the principal caregiver during most of the child’s life. The chancellor made on-the-record findings, and there is no evidence that his decision was manifestly in error or based on an erroneous legal standard. |
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