McBride v. Cook
| Docket Number: | 2002-CA-00601-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-30-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances - Surrender of parental control Judge(s) Concurring: King and Southwick, P.JJ., 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: 12-13-2001 Appealed from: Lafayette County Chancery Court Judge: Glenn Alderson Disposition: PETITION FOR MODIFICATION OF CUSTODY GRANTED. CUSTODY OF MINOR CHILD AWARDED TO PHIL D. COOK, VISITATION AND CHILD SUPPORT ORDERED. Case Number: 99-087 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Shelby Cook McBride |
PRESTON RAY GARRETT |
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| Appellee: | Phil D. Cook | ADAM A. PITTMAN |
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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 custody - Material change in circumstances - Surrender of parental control |
| Summary of the Facts: | Shelby Cook McBride and Phil Cook were divorced on the ground of irreconcilable differences, and the parties agreed that primary custody of this child would be awarded to Shelby. Phil later sought to modify the original divorce judgment to obtain custody of the child, and the court granted his request. Shelby appeals. |
| Summary of Opinion Analysis: | Shelby argues that the chancellor did not find that there had been a material change of circumstance adverse to the child’s best interest and that even if the necessary material adverse change in circumstance was shown, the chancellor did not properly evaluate whether a change in custody was warranted. The evidence showed that since the parties had divorced, the child had spent a substantial portion of the time in the custody and care of her maternal grandparents. Only after the modification petition was filed did Shelby make arrangements for the child to come and live with her. Essentially total surrender of parental control by the custodial parent to third parties may reasonably be viewed by the chancellor as a material variation from the custodial arrangement contemplated at the time of the divorce. Because there was a material change in circumstances and there was substantial evidence regarding Phil’s present living and working arrangements and the capabilities that he had to properly see after the welfare of his daughter, the court did not abuse its discretion in modifying custody. |
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