Connelly v. Lammey
| Docket Number: | 2006-CA-02093-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Relocation of parent Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 11-15-2006 Appealed from: DeSoto County Chancery Court Judge: Mitchell M. Lundy, Jr. Disposition: CHANCELLOR GRANTED MODIFICATION OF CUSTODY FROM MOTHER TO FATHER Case Number: 98-6-834(ML) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SANDRA K. (LAMMEY) CONNELLY |
GERALD W. CHATHAM,
H.R. GARNER |
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| Appellee: | DAVID HOWELL LAMMEY | PEGGY A. JONES, MARTIN ZUMMACH | ||
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 - Relocation of parent |
| Summary of the Facts: | When Sandra Lammey Connelly and David Lammey were granted a divorce, the chancellor awarded both parties joint legal custody of their two sons, but Connelly was awarded physical custody of the boys. In August 2005, Connelly relocated to Las Vegas, Nevada, and took the two boys with her. Lammey subsequently filed a petition seeking paramount custody of the boys which the chancellor granted. Connelly appeals. |
| Summary of Opinion Analysis: | The prerequisites for child custody modification include whether there has been a material change in circumstances which adversely affects the welfare of the child and whether the best interest of the child requires a change of custody. Relocation by a custodial parent is not, in and of itself, a sufficient material change of circumstances. Here, a psychologist testified who had interviewed and tested Connelly, Lammey, and both boys. He found that one of the boys was unhappy living in Las Vegas and wanted to live with his father. The chancellor noted that the psychologist found that he was traumatized by the move and was upset with his mother by the way she handled the move to Las Vegas. There was also testimony that the boy’s grades had suffered. The youngest son also expressed his sadness about being uprooted from his home. As the chancellor was in the best position to judge the credibility of the witnesses, there is no error in his determination. |
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