Bass v. Bass
| Docket Number: | 2003-CA-00873-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child custody Judge(s) Concurring: King, C.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2003 Appealed from: Lowndes County Chancery Court Judge: Dorothy W. Colom Disposition: DIVORCE GRANTED AND CUSTODY OF CHILD AWARDED TO MOTHER. Case Number: 2000-0917 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Brian A. Bass |
MARK G. WILLIAMSON |
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| Appellee: | Lisa B. Bass | J. TYSON GRAHAM |
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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: | Brian and Lisa Bass were granted a divorce based on irreconcilable differences. Lisa was granted custody of their only child. Brian appeals. |
| Summary of Opinion Analysis: | Brian argues that the chancellor erred in her findings of fact and failed to properly apply the Albright factors which resulted in an award of custody that is not in the best interest of the child. It is clear that the chancellor applied the correct legal standard by assessing the relevant factors concerning the child's best interests, to include the Albright factors. The chancellor combined the age and sex factors and found that the child was a four year- old boy, and that these factors favored both parents. The chancellor found that Lisa was the primary caregiver during the marriage and that Brian assisted Lisa, although she found both parties to be very capable and willing parents. The chancellor found that both Brian and Lisa are school teachers and that they both work hours that enable them to adequately care for the child. The chancellor found both parents to be in good health and to have strong emotional bonds with the child. The chancellor found that the evidence was undisputed that both Brian and Lisa engaged in unusual sexual relationships with other men and although Lisa had admittedly had sexual relationships with other men without Brian, there was no evidence of any adverse effect on the minor child. The chancellor found that the child was doing well at daycare and has friends in the community where he resides with Lisa. Therefore, the chancellor did not plainly err in her evaluation of the evidence and application of the Albright factors in determining that the best interest of the child would be served by Lisa's having primary custody. |
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