Hutchison v. Hutchison
| Docket Number: | 2009-CA-01672-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-29-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, 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: 09-09-2009 Appealed from: Lowndes County Chancery Court Judge: H.J. "Jim" Davidson, Jr. Disposition: Awarded Custody of the Minor Children to the Mother Case Number: 2008-0654-D |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Emory Hobbs Hutchison, Jr |
HAL H. H. MCCLANAHAN III |
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| Appellee: | Rutchel Clarin Hutchison | MARK G. WILLIAMSON | ||
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: | Divorce: Irreconcilable differences - Child custody |
| Summary of the Facts: | Emory Hutchison Jr. filed a complaint for divorce from his wife, Rutchel Hutchison, on the grounds of habitual cruel and inhuman treatment, adultery, and in the alternative, irreconcilable differences. Rutchel filed an answer and cross-complaint alleging habitual cruel and inhuman treatment, adultery, and in the alternative, irreconcilable differences. Emory and Rutchel ultimately withdrew their fault grounds for divorce. The chancellor granted an irreconcilable-differences divorce. The chancellor awarded the parties joint legal custody of the minor children, with Rutchel to have physical custody and Emory to have reasonable visitation. The chancellor also divided the marital property and determined child support, but denied Emory any alimony. Emory appeals. |
| Summary of Opinion Analysis: | Emory argues that the chancellor erred in awarding custody of the two minor children to Rutchel. In child-custody cases, the polestar consideration is the best interest of the child. The Albright factors are used to determine what is in the best interest of a child. The chancellor found three factors to be neutral, four factors favored Rutchel, three factors favored Emory, and one factor only slightly favored Emory. Emory does not challenge the chancellor’s findings in regard to every Albright factor. Rather, Emory specifically contends that the chancellor abused his discretion in determining the amount of care Rutchel’s mother provided the children and in overstating the severity of his disability. In July 2007, Emory completed a continuing-disability-review report for the SSA in which he stated that his health was deteriorating and that he was forced to remain in bed most of the day. Emory admitted that while Rutchel was working, her mother did all the cooking and housework. Emory admitted that the conditions he described in the 2001 and 2007 forms were still the same conditions he was experiencing at the time of trial. Emory’s own filings with the SSA and VA reveal that Rutchel was handling everything by herself. Rutchel testified that her mother assumed approximately eighty percent of the housework, including laundry, ironing, cooking, yard work, and helping with the children. It is clear from the record that Rutchel’s mother played a role in raising the children and helping around the house, especially when Rutchel was in Iraq. Emory also argues that the chancellor erred in overstating the severity of his disability. Although the chancellor was concerned about Emory’s future health, it is clear that Emory’s current health was a big factor in awarding custody of the children to Rutchel. The chancellor did not err in awarding custody of the children to Rutchel. |
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