Robbins v. Robbins
| Docket Number: | 2008-CA-02141-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-29-2010 Opinion Author: Ishee, 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, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 09-26-2008 Appealed from: Forrest County Chancery Court Judge: Johnny Lee Williams Disposition: CUSTODY TO REMAIN WITH MOTHER Case Number: 2005-0346-GN-W |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Michael Warren Robbins |
JAY L. JERNIGAN |
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| Appellee: | Katherine Antoinette Robbins | DAVID ALAN PUMFORD | ||
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: | Michael Robbins and Katherine Robbins were granted a divorce on the ground of irreconcilable differences. At the time of their divorce, Michael and Kathy agreed that Kathy would have custody of their minor child. Thereafter, Michael filed a complaint for modification of custody, because Kathy had medical problems which included morphine use, weight fluctuations, and an eating disorder. The chancery court found that Kathy was to retain paramount physical custody of the couple’s daughter, subject to Michael’s continued visitation. The chancery court also granted Kathy’s request for an increase in child support. Michael appeals. |
| Summary of Opinion Analysis: | Michael argues that the chancery court failed to properly apply the standards in a modification of custody from one parent to the other parent. In order for child custody to be modified, a non-custodial party must prove that there has been a substantial change in the circumstances affecting the child; the change adversely affects the children's welfare; and a change in custody is in the best interest of the child. In its ruling, the chancery court recognized that Kathy had suffered some serious health issues since the divorce. However, all of these health issues were pre-existing conditions that she dealt with both prior to and at the time of the divorce. The chancery court found that despite Kathy’s health issues and hospital stays, there had been no evidence presented by Michael indicating that their daughter lived in any sort of adverse conditions. Because Kathy’s health issues were in existence prior to the divorce and Michael was aware of them, there has been no material change in circumstances. Despite her health issues, Kathy has remained employed and has ensured that her daughter is well-taken care of when she has had to be hospitalized. |
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