Thornell v. Thornell
| Docket Number: | 2002-CA-00308-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Chandler, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Modification of child custody - Material change in circumstances - On the record analysis Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
|
| Trial Court: |
Date of Trial Judgment: 01-23-2002 Appealed from: Warren County Chancery Court Judge: Vicki Barnes Disposition: PETITION FOR MODIFICATION OF CUSTODY FILED BY CHRIS THORNELL GRANTED Case Number: 99-008GN |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Sheree Thornell |
TRAVIS T. VANCE |
||
| Appellee: | Chris Thornell | WREN CARROLL WAY |
|
|
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. |
|
| Topic: | Modification of child custody - Material change in circumstances - On the record analysis |
| Summary of the Facts: | Chris and Sheree Thornell were granted a divorce on the grounds of irreconcilable differences. The parties entered into a joint property, child custody and support agreement wherein they agreed that they would have joint legal custody and joint physical custody of their only child, who was one year and eight months old at the time of the divorce. Subsequently, Sheree filed a motion for citation of contempt and to modify the decree alleging that Chris was wrongfully withholding Leiana from her and seeking to have physical custody awarded to her. Chris filed a counter petition seeking to have physical custody awarded to him. The chancellor found that there had been a material change in circumstances and awarded custody of the child to Chris during the school year, subject to visitation rights of Sheree, and awarded custody to Sheree during the summer months, subject to visitation rights of Chris. Sheree appeals. |
| Summary of Opinion Analysis: | Sheree argues that the court applied an erroneous legal standard when it modified custody on the basis of a material change in circumstances that adversely affected the child without first identifying the specific change in circumstances that adversely affected the child and applying the Albright factors in light of that change. When considering a modification of child custody, the proper approach is to first identify the specific change in circumstances, and then analyze and apply the Albright factors in light of that change. Because the chancellor in this case failed to first identify a specific change in circumstance that adversely affected the welfare of the child and then do an on the record analysis of each of the Albright factors, the case is reversed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
