Moorman v. Moorman
| Docket Number: | 2008-CA-01723-COA Linked Case(s): 2008-CA-01723-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-10-2009 Opinion Author: LEE, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Child custody - Separation of siblings Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 04-10-2008 Appealed from: PONTOTOC COUNTY CHANCERY COURT Judge: Talmadge Littlejohn Disposition: PERMANENT CUSTODY OF THE MINOR CHILDREN AND CHILD SUPPORT AWARDED TO REBECCA WALDO MOORMAN Case Number: 04-0021-58-L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EDWARD DARRELL MOORMAN |
JOHN G. HOLADAY,
MATTHEW DANIEL WILSON |
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| Appellee: | REBECCA JANE WALDO MOORMAN | JAMES DAVID MOORE | ||
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: | Child custody - Separation of siblings |
| Summary of the Facts: | Rebecca Moorman filed a petition for divorce from Edward Moorman. The chancellor entered a temporary agreed order giving custody of the minor children to Edward. Edward and Rebecca subsequently reconciled for a brief period. Edward later filed a petition for divorce, alleging adultery and habitual cruel and inhuman treatment. In the alternative, Edward alleged irreconcilable differences. Ultimately, Edward withdrew his fault grounds for divorce, and the parties entered into a joint consent to divorce on the ground of irreconcilable differences. The chancellor awarded temporary physical custody of the children to Rebecca. After a trial, the chancellor entered a bench ruling awarding permanent custody of the minor children to Rebecca. Edward appeals. |
| Summary of Opinion Analysis: | Edward argues that the chancellor erred in failing to address any unusual and compelling circumstances to warrant the separation of the minor children from their half-brothers. The separation of siblings is not a separate Albright factor but one factor which the chancellor may consider along with the best interest of the child. Here, the chancellor did consider the separation of the half-brothers to a limited extent. The chancellor gave an extensive bench opinion wherein he thoroughly reviewed the Albright factors and determined that it was in the best interests of the minor children to remain with Rebecca. There was no error in his decision. Edward also argues that the chancellor erred in failing to consider the half-brothers in creating a visitation schedule. However, the brothers will see each other during Edward’s visitations. |
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