Collins v. Collins
| Docket Number: | 2011-CA-01307-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Adultery - Child custody Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ. Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 03-22-2011 Appealed from: Lee County Chancery Court Judge: Michael Malski Disposition: APPELLEE GRANTED PRIMARY PHYSICAL CUSTODY OF SON Case Number: 2010-1015-41-MM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Kimberly Anne Collins |
MARTY CRAIG ROBERTSON
JEREMY PAUL MCNINCH
MATTHEW STANLEY EASTERLING |
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| Appellee: | Robert Jarrad Collins | WILL R. FORD | ||
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: Adultery - Child custody |
| Summary of the Facts: | Robert Jarrad Collins (Jarrad) was granted a divorce based on adultery from Kimberly Collins. Primary physical custody of their son was granted to Jarrad. Kim appeals. |
| Summary of Opinion Analysis: | Kim argues that the chancery court erred in placing undue weight on her moral fitness and that she should be granted sole physical custody or the parties should have been awarded joint physical custody. The polestar consideration in cases dealing with child custody and visitation is the best interest and welfare of the child. It appears from the record that Kim’s adultery was important to show how her behavior with her son changed during that period. Kim appeared to be gone more often and was not around her son as much as Jarrad. The chancellor expressed concern over Kim’s involvement with another man because of its impact on her relationship with her son and his findings were not a sanction against Kim. The record provides sufficient evidence to support the chancellor’s decision with regard to custody. |
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