Lewis v. Lewis
| Docket Number: | 2006-CA-01817-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-05-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - CUSTODY |
|
| Trial Court: |
Date of Trial Judgment: 08-30-2006 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: DISMISSED PETITION TO MODIFY CUSTODY Case Number: 01-06-824 L |
|
| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT SCOTT LEWIS |
WILLIAM GRADY HATTON |
||
| Appellee: | JACKIE CAROL (COOPER) LEWIS | ELIZABETH PAIGE WILLIAMS |
|
|
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. |
|
| Topic: | Modification of custody - Material change in circumstances |
| Summary of the Facts: | Robert Lewis brought an action against Jackie Lewis for modification of child custody. The chancellor denied the modification and dismissed the action. Robert appeals. |
| Summary of Opinion Analysis: | In the ordinary modification proceeding, the non-custodial party must prove that a substantial change in circumstances has transpired since issuance of the custody decree, that this change adversely affects the child's welfare, and that the child's best interests mandate a change of custody. The polestar consideration in any child custody matter is the best interest and welfare of the child. Robert argues that his remarriage and stable home environment are sufficient to constitute a material change in circumstances, which requires a change in custody. Traditionally, Mississippi law has held that a change in the circumstances of the non-custodial parent does not, by itself, merit a modification of custody. An exception exists where the custodial parent’s home environment is found to be contrary to the child’s best interest and the noncustodial parent’s home environment has improved and surpassed that of the custodial parent, so that it is now in the child’s best interest to live with the non-custodial parent. Here, the chancellor determined that Jackie’s home environment was not adverse to the children’s best interest because none of Robert’s negative accusations were supported by the evidence presented. There was sufficient evidence to support the chancellor’s finding that there had not been a material or substantial change in circumstance that would require a change in custody. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
