Thurman v. Johnson
| Docket Number: | 2007-CA-00713-COA Linked Case(s): 2007-CA-00713-SCT ; 2007-CA-00713-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Adultery - Child custody Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, and Roberts, JJ. Dissenting Author : Carlton, J., with separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-18-2006 Appealed from: Harrison County Chancery Court Judge: Jim Persons Disposition: CUSTODY OF THE MINOR CHILD AWARDED TO THE FATHER Case Number: C2402-04-00585-1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DEBORAH FIERRO THURMAN (FORMERLY JOHNSON) |
KELLY MICHAEL RAYBURN |
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| Appellee: | GLEN P. JOHNSON | WILLIAM E. TISDALE |
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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: Adultery - Child custody |
| Summary of the Facts: | Deborah Thurman, formerly Deborah Johnson, and Glen Johnson were divorced. The chancellor granted Glen a divorce on the ground of adultery. Glen was awarded custody of the couple’s son. Deborah appeals. |
| Summary of Opinion Analysis: | Deborah argues that the chancellor improperly applied the Albright factors and placed overwhelming emphasis on her adulterous relationship in determining custody. In the chancellor’s judgment of divorce, he thoroughly examined and made specific findings as to each Albright factor. Deborah was only slightly favored as to two factors: employment of the parent and responsibilities of that employment and physical and mental health and age of the parents. The moral fitness factor favored Glen. The chancellor found that the child was not old enough to state a preference, and the chancellor did not specifically state which parent was favored under the factor regarding the stability of the home and employment of each parent. The remaining factors were held to be neutral, favoring neither Glen nor Deborah. The chancellor’s specific findings under the moral fitness factor addressed more than just Deborah’s affair. Not only did Deborah have an adulterous relationship before she and Glen were separated, but she continued that relationship throughout the divorce proceedings. Further, she agreed, and the court ordered, that she would not have overnight guests while the couple’s son was in her custody. Instead, Deborah allowed her boyfriend to spend almost every night with her at her home in direct violation of the court order. While Glen did not exhibit all of the qualities of an ideal parent, the record provides substantial evidence to support the decision to grant him custody of the couple’s son. |
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