Quadrini v. Quadrini
| Docket Number: | 2006-CA-00237-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-28-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Subject matter jurisdiction Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): IRVING, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-26-2006 Appealed from: Harrison County Chancery Court Judge: Sanford R. Steckler Disposition: CHANCELLOR DISMISSED QUADRINI’S PETITION FOR MODIFICATION OF CUSTODY. CHANCELLOR FURTHER ORDERED SPRADLEY TO PAY ONE-HALF OF OUTSTANDING MEDICAL EXPENSES Case Number: C2401-01-01545 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JOHN DAVID QUADRINI |
WALTER WESLEY TEEL |
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| Appellee: | BRANDI SKRMETTA QUADRINI (SPRADLEY) | STEPHEN J. MAGGIO |
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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: | Modification of custody - Subject matter jurisdiction |
| Summary of the Facts: | David Quadrini sought full physical custody of his two children. The chancellor granted Brandi Spradley’s motion to dismiss on the grounds that Quadrini failed to prove that, despite a material change in Spradley’s circumstances that created an adverse effect on the children, a change of custody was in the children’s best interest. Quadrini appeals. |
| Summary of Opinion Analysis: | Issue 1: Subject matter jurisdiction Spradley argues that if, as Quadrini claims, the chancellor’s custody September 2003 decree and May 2004 order were temporary custody orders subject to modification under the best interest of the child standard, then the custody decree was not a final order and could not be appealed. Both the original child custody decree in September 2003 and the subsequent order in July 2004 state that the chancellor is retaining jurisdiction to modify the child custody agreement under the “best interest of the child” standard. The September 2003 order clearly states that the chancellor intended for the order of custody to be temporary. Likewise, the July 2004 order retained jurisdiction to modify the custody agreement under the less burdensome Albright standard. Temporary orders that acquire incidents of permanency become permanent orders for the purpose of assigning the burden of proof in child custody modification cases. At no time, until the filing of his petition more than two years after the chancellor’s entry of the temporary order, did Quadrini seek to modify custody. This lapse in time between the original order and the order from which Quadrini appeals, when combined with the lack of criteria to trigger the chancellor’s review of the original temporary order allowed the September 2003 custody order to acquire “incidents of permanency” that transformed the temporary order into a permanent order. Issue 2: Modification of custody Even if a chancellor finds that a material change in circumstances adversely affects the children, the chancellor must determine whether the best interests of the child justify a change of custody. The chancellor concluded that the material change in circumstances adversely affecting the children was due solely to Hurricane Katrina and that he believed Spradley was making sacrifices and decisions that were in the best interest of the children. The chancellor’s reasoning directly follows the multi-step process required under Mississippi law. Accordingly, the chancellor did not err in denying Quadrini’s motion for modification. |
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