Masters v. Masters
| Docket Number: | 2009-CA-01342-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-01-2011 Opinion Author: Carlton, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances - Misapplication of law - Extramarital relationships Judge(s) Concurring: King, C.J., Lee, P.J., and Ishee, J. Judge(s) Concurring Separately: Roberts, J., specially concurs with separate written opinion joined by Myers, P.J., Griffis and Maxwell, JJ. Non Participating Judge(s): Irving, J. Concur in Part, Concur in Result 1: Barnes, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-12-2009 Appealed from: HINDS COUNTY CHANCERY COURT Judge: DENISE OWENS Disposition: DENIED MOTION TO MODIFY CUSTODY, GRANTED MOTION TO INCREASE CHILD-SUPPORT PAYMENTS, AND DENIED MOTION FOR CONTEMPT Case Number: G-2000-909-O/3 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bryan Keith Masters |
E. MICHAEL MARKS, JULIE ANN EPPS |
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| Appellee: | Hether Brook Laird Masters | ROBERT O. WALLER, AMY D. SALING | ||
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 - Misapplication of law - Extramarital relationships |
| Summary of the Facts: | Bryan Masters filed a motion for modification of child custody, alleging that a material change in circumstances had occurred in the child’s custodial home which was adverse to the child and warranted a change in custody from the child’s mother, Hether Brooke Laird Masters, to him. The court denied the motion, and Bryan appeals. |
| Summary of Opinion Analysis: | In order for a chancellor to modify a child-custody decree, the noncustodial parent must prove the following: that a material change of circumstances has occurred in the custodial home since the most recent custody decree, that the change adversely affects the child, and that modification is in the best interest of the child. While several factors are involved in the initial consideration of a child-custody award, only parental behavior that poses a clear danger to the child's physical, mental, or emotional health justifies a change in custody. The chancellor’s bench ruling in this case reflects a misapplication of the law limiting her authority to consider the impact of adverse effects of the custodial parent’s extramarital relationships upon the child’s welfare in ascertaining whether any adverse material change of circumstance has occurred herein. Therefore, remand is necessary to ensure that the circumstances of this case are considered under the applicable legal standards by the fact-finder. The text of the chancellor’s bench opinion provides that the chancellor refrained from considering the impact of Hether’s various sexual or extramarital relationships in determining whether an adverse material change in circumstances had occurred sufficient to justify a change in custody. The text of the bench opinion also expressed specific concern over the instability caused by Hether’s relationships but shows that the chancellor felt precluded by precedent of the Mississippi Supreme Court from considering those effects of parental conduct. Therefore, the bench opinion reflects a misapplication of the law precluding consideration of the effects, if any, of Hether’s extramarital relationships upon the child in accessing whether a material change in custody occurred. As the chancellor acknowledged, precedent indeed establishes that cohabitation alone fails to give rise to a material change in circumstances, but our case law clearly allows the chancellor to consider any adverse impact resulting from a parent’s sexual relationships or cohabitation. The chancellor may consider the effects, if any, of Hether’s relationships upon the child as a factor in the traditional test when evaluating whether a material change of circumstances adverse to the child has occurred sufficient to warrant a custody modification. |
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