Sullivan v. Beason
| Docket Number: | 2008-CA-01827-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-15-2010 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, 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: 08-29-2008 Appealed from: NESHOBA COUNTY CHANCERY COURT Judge: J. Max Kilpatrick Disposition: CUSTODY OF CHILDREN CHANGED FROM MOTHER TO FATHER Case Number: 2004-138 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Candice Beason Sullivan |
SAMUEL CLINTON MARTIN |
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| Appellee: | Shelby Beason | WALTON WADE WHITE | ||
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 - Material change in circumstances |
| Summary of the Facts: | Shelby Beason moved for modification of custody of his and Candice Beason Sullivan’s minor children. The chancellor granted the modification of custody, awarding physical custody of the children to Shelby and granting visitation to Candice and requiring her to pay child support for the children. Candice appeals. |
| Summary of Opinion Analysis: | Candice argues that the chancellor erred in finding that a material change in circumstances had occurred in her home and that any such change had had an adverse impact on the children. When seeking a modification of child custody, the noncustodial parent must prove that a material change in circumstances has occurred in the custodial parent’s home since the most recent custody decree, the material change adversely affects the child, and a modification of custody is in the best interest of the child. The chancellor reviewed testimony from nineteen witnesses before determining that a material change in circumstances adverse to the children’s well-being had occurred in Candice’s home. Specifically, the chancellor noted that the home environment Candice created for the children was “dysfunctional and hostile,” and Candice’s conduct since the divorce was “immoral.” The witnesses consisted of the children’s grandparents and teachers, Candice’s former romantic interests, and others from their community who knew Candice and the children. These witnesses revealed a series of relationships Candice had after her divorce from Shelby which the chancellor found to have an adverse impact on the children. Nearly all of the witnesses who testified at the custody modification hearing stated that the couple’s children were well-behaved, well-mannered, and sweet-natured children. None of the witnesses could point specifically to any mental or emotional problems suffered by the children as a result of living in Candice’s home. However, the son’s teacher at the time of the modification hearing testified that he seemed more prepared and organized with regard to his schoolwork since being placed in his father’s custody. Shelby could not have anticipated the parade of men that Candice would bring into her and the children’s home. Furthermore, while Candice may have been cohabiting with someone at the time of her divorce from Shelby, her subsequent marriage to another man, whose violent tendencies led to a volatile and chaotic home environment for the children, clearly constituted a material change in circumstances. There is ample evidence in the record to support the chancellor’s determination that a material change in circumstances had occurred in Candice’s home since her divorce from Shelby. Moreover, Shelby presented evidence that his living situation had improved dramatically since the divorce and that a change in custody was appropriate. |
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