Nichols v. Nichols
| Docket Number: | 2010-CA-00922-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-15-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Adultery - Child custody - Albright factors Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 05-06-2010 Appealed from: Harrison County Chancery Court Judge: Carter Bise Disposition: CUSTODY OF MINOR CHILDREN AWARDED TO HUSBAND, AND WIFE ORDERED TO PAY CHILD SUPPORT Case Number: 2008-00772(4) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Loretta Nichols |
TAMEKIA ROCHELLE GOLIDAY |
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| Appellee: | Danyel N. Nichols | WENDY WALKER MARTIN | ||
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: Adultery - Child custody - Albright factors |
| Summary of the Facts: | Loretta Nichols was granted a divorce from Danyel Nichols on the ground of adultery. Danyel was awarded custody of the three children, and Loretta was ordered to pay $340 per month in child support. Loretta appeals. |
| Summary of Opinion Analysis: | Loretta argues that the chancellor erred in awarding custody of the children to Danyel. It is well settled that in child-custody cases, the polestar consideration is the best interest of the child. The chancellor found that three of the Albright factors favored Loretta; six factors favored Danyel; and two were neutral. The chancellor found that Loretta had failed to seek help offered by social services in regard to her parenting skills. Loretta and her son had a contentious relationship that resulted in Loretta pleading guilty in October 2008 to a charge of domestic violence. Furthermore, Loretta was investigated several times by the Department of Human Services due to her physical abuse of her son. DHS determined that Loretta’s attempts to restrain her son were “abusive and inappropriate.” There was sufficient evidence in the record to weigh the parenting skills factor in favor of Danyel. The chancellor determined that the employment factor favored Danyel slightly because he was available for the children in the morning before school; he was often at home when the children finished school; and his work schedule allowed greater flexibility. The chancellor found that Loretta worked longer hours than Danyel, was not at home when the children finished school, and was not always available during school hours. Thus, there was sufficient evidence in the record to find that this factor favored slightly Danyel. With regard to emotional ties, there was sufficient evidence in the record to support the chancellor’s findings that this factor favored Danyel mainly because of Loretta’s abuse of the children. With regard to home and school record, testimony showed that the son’s behavior and grades improved after he went to live with Danyel. The two younger boys were well behaved with Danyel. There was sufficient evidence for the chancellor to determine that this factor favored Danyel. Thus, there was substantial evidence in the record to support the chancellor’s decision to award custody of the children to Danyel. |
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