Bratcher v. Surrette
| Docket Number: | 2002-CA-00201-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of visitation Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 01-22-2002 Appealed from: Panola County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: DENIAL OF CUSTODIAL PARENT'S PETITION TO MODIFY VISITATION Case Number: B-99-11-410(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sherry Rena (Cosby) Surrette Bratcher |
JOHN THOMAS LAMAR |
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| Appellee: | Kevin Lorenzo Surrette | GERALD W. CHATHAM |
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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 visitation |
| Summary of the Facts: | Sherry argues that compelling evidence was presented during trial that showed the child was placed in harm's way by returning him to unsupervised visitation with his father and that it was improper for the chancellor to question the credibility of the child. Where the terms of visitation are at issue, all that need be shown is that there is a prior decree providing for reasonable visitation rights which isn't working and that it is in the best interest of the children as fostering a positive and harmonious relationship between them and their divorced parents to have custody provisions made specific. The determination of whether the child was sexually abused by his father is a question of fact to be decided by the chancellor. Here, the court’s finding that substantial evidence showed the child's problems with constipation and painful bowel movements could have caused his injury and the evidence submitted by Sherry was insufficient to rebut this possibility is not an abuse of discretion. |
| Summary of Opinion Analysis: | Sherry Bratcher petitioned the court for modification of Kevin Surrette's visitation with the couple's minor child, asserting that Kevin had sexually molested their child. The chancellor refused to restrict visitation, and Sherry appeals. |
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