Miller v. Boyd
| Docket Number: | 2010-CA-01756-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-18-2011 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child custody - Material change in circumstances Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-04-2010 Appealed from: Madison County Chancery Court Judge: Cynthia Brewer Disposition: REQUEST FOR MODIFICATION DENIED Case Number: G2008-305 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Levi Miller |
JOHN JUSTIN KING
JOHN R. REEVES |
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| Appellee: | Sonya Boyd | MONICA DAVIS JOINER | ||
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 child custody - Material change in circumstances |
| Summary of the Facts: | In 2008, the chancery court granted Levi Miller and Sonya Boyd joint physical custody of their son. The court also granted Sonya sole legal custody of the couple’s son. In 2010, Levi filed a petition for modification, requesting joint legal custody. Levi alleged that his inability to obtain medical care for the couple’s son constituted a material change in circumstances warranting a modification. The chancery court determined that a material change in circumstances had not occurred since the initial custody order; therefore, it denied Levi’s petition. Levi appeals. |
| Summary of Opinion Analysis: | The standard for modifying custody requires the non-custodial parent prove, by a preponderance of the evidence, that: a material change in circumstances has occurred since the entrance of the custody decree; the material change adversely affects the child’s welfare; and the best interest of the child requires a change of custody. Levi provided testimony regarding what he characterized as failed attempts to obtain medical treatment for his son. Despite Levi’s insistence that he cannot obtain proper medical care for his son, the record is devoid of any instance in which the couple’s son did not receive medical care because of Levi’s lack of legal custody. In fact, the record shows that Levi has obtained medical care for his son without having legal custody and without having obtained Sonya’s consent. Thus, there is no error. |
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