Pierce v. Chandler
| Docket Number: | 2002-CA-00141-COA Linked Case(s): 2002-CA-00141-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Griffis, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Modification of custody - Material change in circumstances Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Dissenting Author : King, P.J., would grant. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-06-2001 Appealed from: Rankin County Chancery Court Judge: Thomas L. Zebert Disposition: APPELLEE AWARDED FULL CUSTODY OF MINOR CHILD Case Number: 42335 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Stacy Pierce |
JOHN W. CHRISTOPHER |
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| Appellee: | Angela Harris Pierce Chandler | BENTLEY E. CONNER |
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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 |
| Summary of the Facts: | When Charles Pierce and Angela Pierce Chandler were awarded a divorce, the divorce decree awarded both parties joint physical and legal custody of their child and transferred physical custody of the child to Charles when the child started school. When the child was old enough to start school, Angela filed a motion for modification. The chancellor found that since the child would soon turn five and enter school, this constituted a material change in circumstances and awarded physical custody to Angela. Charles appeals. |
| Summary of Opinion Analysis: | In a modification of custody case, the non-custodial parent must show a substantial change in circumstances of the custodial parent since the original custody decree, the substantial change's adverse impact on the welfare of the child, and the necessity of the custody modification for the best interest of the child. In this case, both parties contemplated the child's entering school and agreed on a schedule for her care at that point. The chancellor failed to consider this provision of the agreement. The only change in circumstances considered by the chancellor is the child's age, and a child's change in age alone does not constitute a material change in circumstances. Therefore, the chancellor’s decision is reversed and the custody provisions of the original divorce decree is reinstated. The case is remanded to determine the amount of child support to be paid by Angela. |
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