McKenzie v. McKenzie
| Docket Number: | 2001-CA-01535-COA Linked Case(s): 2001-CA-01535-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-03-2003 Opinion Author: Lee, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Child custody - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, 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: 08-27-2001 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: TRANSFERRED CUSTODY FROM MOTHER TO FATHER Case Number: 95-0088 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Juanita Joy McKenzie |
RENEE M. PORTER |
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| Appellee: | Terry Joe McKenzie | 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: | Child custody - Sufficiency of evidence |
| Summary of the Facts: | Juanita McKenzie and Terry McKenzie were granted a divorce on the grounds of irreconcilable differences. They were granted joint legal custody of their two children, with physical custody of the children vested in Juanita. Terry subsequently filed a petition to modify the judgment of divorce, alleging a material and substantial change in facts and circumstances necessitating the transfer of custody of the children from Juanita to Terry. Juanita counterclaimed for an increase in child support payments. The chancellor entered an order transferring physical custody of the children to Terry, and Juanita appeals. |
| Summary of Opinion Analysis: | To justify a change in custody, the moving party must prove by a preponderance of the evidence that, since entry of the judgment 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 the change. Only parental behavior that poses a clear danger to the child's mental or emotional health can justify a change. Terry petitioned for a custody change because his income had increased, the children on two or three occasions spent time at Juanita's boyfriend's house without her present, and there had been bruises on the children a few times since the divorce. However, he produced no evidence showing that there was any adverse effect on the children. Therefore, the chancellor erred in determining that a change of custody was warranted. |
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