Norman v. Norman
| Docket Number: | 2005-CA-00882-COA Linked Case(s): 2005-CA-00882-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-07-2007 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody - Albright factors Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 04-15-2005 Appealed from: Lamar County Chancery Court Judge: Sebe Dale, Jr. Disposition: DIVORCE GRANTED ON GROUND OF IRRECONCILABLE DIFFERENCES, JOINT LEGAL CUSTODY OF MINOR CHILD AWARDED TO PARENTS. FORMER HUSBAND ORDERED TO PAY CHILD SUPPORT. Case Number: 2004-0310-GN-D |
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| Note: | MOTION FOR REHEARING FILED: 10/26/2006 - DENIED; AFFIRMED - 8/07/2007 | |
| Party Name: | Attorney Name: | |||
| Appellant: | Dewayne Norman |
SAMUEL E. FARRIS
JONATHAN MICHAEL FARRIS |
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| Appellee: | Kimberly Norman | E. LINDSAY CARTER |
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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 - Albright factors |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Dwayne Norman sued Kimberly Norman for divorce and custody of their only child. Kimberly counterclaimed also seeking a divorce and custody of their daughter. The Normans agreed to a divorce on grounds of irreconcilable differences. The chancellor awarded physical custody of the child to Kimberly. Dwayne appeals. |
| Summary of Opinion Analysis: | Dwayne argues that the chancellor erred in failing to properly apply the Albright factors. It is reversible error if the chancellor does not articulate the reasoning behind the finding for each Albright factor. In his supplemental findings of fact, the chancellor found the following Albright factors to favor Kimberly: parenting skills, capacity to provide primary child care, the stability of the home environment, and continuity of care prior to separation. The chancellor found the following Albright factors to be neutral: age, health, and sex of the child; the employment of the parents; the physical and mental health of the parents; the emotional ties of parent and child; the moral fitness of the parents; and the home, school, and community records of the child. The chancellor found no Albright factor solely favored Dwayne. The chancellor properly relied on the testimony of the parties, testimony of family and friends – in equal number and on behalf of each side – and an independent court-appointed expert in family matters. In his supplemental findings, the chancellor considered the Albright factors, and properly articulated his rationale for each when stating his findings of fact and conclusions of law in awarding custody to Kimberly. There was substantial evidence to support the chancellor’s ruling. |
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