Williams v. Willis
| Docket Number: | 2009-CA-00974-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-21-2010 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances - M.R.A.P. 28(a)(6) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 05-27-2009 Appealed from: Alcorn County Chancery Court Judge: Jacqueline Mask Disposition: REQUEST FOR MODIFICATION DENIED Case Number: 2001-23(02)M |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Lee Ann Williams |
JAMES DAVID MOORE |
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| Appellee: | Nicholas Joe Willis | REBECCA C. PHIPPS | ||
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 - M.R.A.P. 28(a)(6) |
| Summary of the Facts: | Lee Ann Williams filed a complaint for contempt and modification of child custody. Lee Ann shared joint custody of her daughter with the child’s father, Nicholas Willis. Lee Ann sought primary physical and legal custody of the couple’s daughter with restricted visitation for Nicholas. The court denied Lee Ann’s motion for modification, and Lee Ann appeals. |
| Summary of Opinion Analysis: | Lee Ann, through her attorney, failed to cite any authority to support the assignment of error contained in her brief. Failure to comply with M.R.A.P. 28(a)(6) renders an argument procedurally barred. 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 found that Lee Ann failed to meet her burden of proving that a material change in circumstances adverse to the child occurred in Nicholas’s home. A guardian ad litem appointed to represent the daughter’s best interests testified that the guardian ad litem saw no evidence of a material change in circumstances. Only parental behavior that poses a clear danger to the child's mental or emotional health can justify a custody change. The evidence at trial indicated that an incident in which the daughter’s step-mother left fingernail marks on her arm was isolated, and failed to indicate a home environment dangerous to the child’s health. |
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