Stewart v. Stewart
| Docket Number: | 2005-CA-00653-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-05-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 03-01-2005 Appealed from: Clay County Chancery Court Judge: Dorothy W. Colom Disposition: CHANCELLOR AWARDED CUSTODY OF MINOR CHILD TO MOTHER. Case Number: 2004-0105-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | George E. Stewart |
CARRIE A. JOURDAN |
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| Appellee: | Teresa A. Stewart | MOSE LEE SUDDUTH |
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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: | George Stewart filed for divorce from Teresa Stewart, alleging habitual drug use and habitual cruel and inhuman treatment. Teresa filed an answer and counterclaim alleging habitual drunkenness and habitual cruelty. Both parties agreed to an irreconcilable differences divorce. The chancellor awarded primary physical custody of the couple’s daughter to Teresa. George appeals. |
| Summary of Opinion Analysis: | George argues that the chancellor erred in awarding custody of the couple’s daughter to Teresa by making erroneous findings of fact and failing to properly apply the Albright factors. The chancellor made a comprehensive on-the-record finding regarding each of the Albright factors, and her decision is supported by the evidence. |
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