Eason v. Kosier
| Docket Number: | 2002-CA-00313-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody 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 - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 01-24-2002 Appealed from: Lauderdale County Chancery Court Judge: Jerry Mason Disposition: AWARDED CUSTODY OF MINOR CHILD TO FATHER Case Number: 95-847-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kantima Saengthep Eason |
LESLIE C. GATES |
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| Appellee: | Sherman Dean Kosier | EARL P. JORDAN |
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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 |
| Summary of the Facts: | Kantima Eason and Sherman Kosier had a child together out of wedlock. Sherman filed a suit to establish paternity, and the court held that Sherman was the father and awarded him joint custody. When the couple’s relationship ended, Kantima petitioned the court for modification of custody. Sherman answered claiming that it was in the child's best interest for him to have sole custody. The chancellor awarded primary custody to Sherman with visitation granted to Kantima and ordered Kantima to pay $180 per month in child support. Kantima appeals. |
| Summary of Opinion Analysis: | Kantima argues that the chancellor improperly applied the Albright factors by overemphasizing her romantic relationships outside the bonds of marriage. In a modification of custody case, the initial burden is on the party seeking the change to demonstrate that there has been a material change in the circumstances affecting the child and that the change is detrimental to the child's welfare. The chancellor must also find that the change in custody is in the child's best interest. Here, the chancellor did not make his custody determination solely upon Kantima's moral fitness but also found that the stability of the home environment and the employment of each parent favored Sherman. The chancellor's opinion reflects a careful analysis of the Albright factors and proper application of those factors to the facts in this case. |
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