Bellais v. Bellais
| Docket Number: | 2004-CA-00905-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-06-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Custody - Recusal of chancellors Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ. Dissenting Author : King, C.J. and Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-13-2003 Appealed from: Harrison County Chancery Court Judge: James Persons Disposition: COURT AWARDED PHYSICAL AND LEGAL CUSTODY OF THE MINOR CHILDREN TO HERMAN BELLAIS. Case Number: C2402-01-778 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Renee Bellais |
MICHAEL G. PIAZZA |
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| Appellee: | Herman C. Bellais, III | WILLIAM E. TISDALE |
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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 - Custody - Recusal of chancellors |
| Summary of the Facts: | Herman Bellais and Renee Bellais were granted an irreconcilable differences divorce. The chancellor awarded physical and legal custody of the couple’s two minor children to Herman. Renee appeals. |
| Summary of Opinion Analysis: | Issue 1: Custody The polestar consideration in child custody cases is the best interest and welfare of the child. The Albright factors the court should consider include age, health and sex of the child; determination of the parent that had the continuity of care prior to the separation; which parent has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent; and other factors relevant to the parent-child relationship. The chancellor provided a detailed analysis of his findings for each Albright factor and weighed the prospect of each party serving as custodial parent. After “smelling the smoke of battle,” the chancellor made findings that were supported by substantial evidence. Therefore, the chancellor’s ruling on child custody is affirmed. Issue 2: Recusal of chancellors Renee argues that Chancellor Persons and the other chancellors within the district knew that Herman was the great-grandson of the retired chancery court clerk and the grand-nephew of the current court administrator. Renee argues that in situations in which the chancellor has or had a professional relationship with a party who is related to another party before the court, it would be best for the chancellor to err on the side of caution and recuse himself in order to avoid questions about the court’s impartiality. The record does not contain a motion to recuse Chancellor Persons or any of the other chancellors of the Eighth District Chancery Court. The Court will not find error on matters of recusal or disqualification of judges which are not presented to the trial court for decision. |
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