Gray v. Gray
| Docket Number: | 2006-CA-00251-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-27-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child custody - Albright factors Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-26-2005 Appealed from: WASHINGTON COUNTY CHANCERY COURT Judge: Jane R. Weathersby Disposition: PETITION FOR MODIFICATION OF CHILD CUSTODY DENIED Case Number: 020913 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CYNTHIA BELL GRAY |
FRITZIE LOUISE TONEY ROSS |
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| Appellee: | GLENN VAN GRAY | ALSEE MCDANIEL | ||
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: | Modification of child custody - Albright factors |
| Summary of the Facts: | Cynthia Gray filed a petition to modify an earlier court order that granted custody of her two minor children to her ex-husband and their father, Glenn Gray. The court denied the motion, and Cindy appeals. |
| Summary of Opinion Analysis: | Cindy argues that Glenn’s move to Arkansas and the children’s living conditions there show such a material change in circumstance that adversely affects the children. According to Cindy, she is also in a better position to care for the children because she has a more stable life now than at the time of the original custody decree. The relocation of the custodial parent is not always a material change in circumstances, let alone an adverse change sufficient to require modification of custody. The chancellor in this case noted that the children were well cared for, lived in a clean and suitable home, and were doing well socially and in school. At the time of trial, Cindy was in a pre-nursing program, but she had no income except for what her parents gave her. Cindy was not expected to be through with school and be in a position to find a job for approximately two-and-a-half years from the time of trial. She also admitted that her depression and anxiety necessitated that she take a number of prescription medications every day. The chancellor also found that Glenn’s living arrangements were adequate and did not adversely affect the children. Based on these facts presented at trial, there was substantial evidence to support the chancellor’s finding that Cindy failed to show a material change of circumstances that adversely affected the two minor children. Cindy argues that the chancellor failed to apply the Albright factors. However, the chancellor took into account a number of factors in determining what was in the children’s best interests. The chancellor properly noted that the preference of the thirteen-year-old was but one factor to consider in making her determination of whether to change custody. This was not in error, and the chancellor properly took into consideration the best interests of the children in her determination that custody should remain with Glenn. |
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