Lambert v. Lambert
| Docket Number: | 2001-CA-01739-COA Linked Case(s): 2001-CT-01739-SCT ; 2001-CA-01739-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: King, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Modification of child custody - Material change in circumstances - Custodial parent’s relocation Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, 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: 06-12-2001 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: FORMER HUSBAND'S MOTION FOR MODIFICATION OF JUDGMENT OF DIVORCE GRANTED. Case Number: 2000-0114 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lytricia Lambert |
DAVID L. CALDER |
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| Appellee: | Travis Lambert | JOE DALE WALKER |
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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: | Modification of child custody - Material change in circumstances - Custodial parent’s relocation |
| Summary of the Facts: | Lytricia Lambert and Travis Lambert agreed to a divorce based on irreconcilable differences. The parties agreed the mother would have primary physical custody of their minor child with the father given certain visitation rights. Three months later, Travis filed a motion for modification of the custody, support, and visitation alleging a material change in circumstances because Lytricia moved from Hattiesburg to Batesville. The court granted the motion and changed primary custody to Travis. Lytricia appeals. |
| Summary of Opinion Analysis: | To justify a change in custody, a party must show that since entry of the judgment or decree sought to be modified, there has been a material change in circumstances which adversely affects the welfare of the child and that the best interest of the child requires a change in custody. The changed circumstances justifying a change must be such that they could not be anticipated at the time of the initial determination of custody and of such magnitude as to justify the drastic measure of change in custody. In the present case, the mother moved and the father was inconvenienced by the move. The chancellor did nothing but cause a further inconvenience to the mother, certainly not adequate grounds for modification. The best interest of the child was not served by this decision. A custodial parent's relocation without more is insufficient grounds for modification of child custody. Therefore, custody is returned to the mother. |
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