Craft v. Craft

32 So. 3d 1232, 2010 Miss. App. LEXIS 196, 2010 WL 1544093
CourtCourt of Appeals of Mississippi
DecidedApril 20, 2010
Docket2009-CA-00204-COA
StatusPublished
Cited by2 cases

This text of 32 So. 3d 1232 (Craft v. Craft) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craft v. Craft, 32 So. 3d 1232, 2010 Miss. App. LEXIS 196, 2010 WL 1544093 (Mich. Ct. App. 2010).

Opinion

MYERS, P.J.,

for the Court:

¶ 1. Timothy Craft (Tim) appeals a final judgment entered by the Jones County Chancery Court on January 6, 2009, which awarded his former wife, Donna Craft, primary custody of their three minor children, allowing Tim supervised visitation with the children at the Department of Human Services (DHS) in Jones County each Friday from 3:30 p.m. until 5:00 p.m. The judgment further ordered, inter alia, that Tim pay Donna $243 per month in child support, $100 per month in permanent periodic alimony, and $17,859 in attorney’s fees in addition to the $4,438 in attorney’s fees previously ordered by the chancery court on March 7, 2008. Finding no reversible error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Tim and Donna were married in 1991. Three children were born of this marriage — Sean, born in 1993; Alayna, born in 1994; and Lance, born in 1997. Tim and Donna separated in January 2005, and Donna filed for divorce in the Chancery Court of Forrest County on February 11, 2005, alleging habitual cruel and inhuman treatment, adultery, and, in the alternative, irreconcilable differences. Tim filed for divorce in Jones County, Mississippi, on February 22, 2005, alleging habitual cruel and inhuman treatment, adultery, and, in the alternative, irreconcilable differences. Donna’s complaint was dismissed for lack of subject-matter jurisdiction. She then timely filed an answer to Tim’s complaint, and she counterclaimed for divorce and filed a motion for temporary relief, alleging the same grounds asserted in her initial complaint.

¶ 3. During this time frame, the record is unclear exactly when, Tim was fired from his job at Delphi, where he worked in management as an industrial engineer. Also fired from Delphi, was Tim’s co-worker, Lola Hulsey. According to the record, Tim had been having an adulterous affair with Lola since the year 2000. Donna testified that she had suspected that Tim was having an affair with someone, but she was not positive. Donna said her suspicions were confirmed by law enforcement and a photograph of Tim and Lola together. Shortly after Tim was terminated from Delphi, Tim was arrested by the Jones County Sheriffs Department and charged with four counts of child exploitation in violation of Mississippi Code Annotated section 97-5-33 (Supp.2009). Lola also was arrested and similarly charged. The chancery court thereafter issued a temporary order granting Donna temporary custody of the children, which allowed Tim only supervised visitation at DHS for one hour, every other week. The order required Tim to pay Donna $352 per month in child support.

¶ 4. In June 2005, Tim filed a motion to enlarge visitation, in which he requested that he be granted standard visitation with *1235 his children and that he be granted “makeup time.” Following his termination from Delphi, Tim, who was a United States Navy reservist at the time, went on active duty and traveled the country as a Naval instructor. 1 According to Tim, his travel schedule and DHS’s holiday schedule caused him to lose visitation time with his children.

¶ 5. Donna thereafter requested and was granted a continuance, and the case was set for trial to begin in August 2005. On July 22, 2005, Tim’s legal counsel filed a motion to withdraw from the matter after Tim informed her that she was responsible for the loss of his “parental involvement.” The motion was granted, and Tim was given time to hire new counsel. Tim’s current counsel filed an entry of appearance in September 2005 and immediately filed a motion to modify the temporary order issued by the court in April 2005, with the motion to enlarge visitation still pending.

¶ 6. In December 2005, an agreed order was entered (consolidated with a petition to establish grandparent visitation — a copy of which is not included in the record) establishing visitation for Tim at his parents’ home under their supervision. The order instructed, inter alia, that the children were not to be exposed to any immoral or illegal conduct or any negative comments by any party against the other.

¶ 7. In May 2006, Tim filed a motion for review of that order, in which he requested the removal of all restrictions on his visitation. The chancery court issued a temporary order in June 2006, granting Tim and Donna joint legal custody of their three minor children. Tim was awarded standard unsupervised visitation with the ehil-dren. The order allowed Tim to supply the children a cell phone, so Tim and his parents could have reasonable telephone contact with the children.

¶ 8. A trial on the merits was held on August 22, September 6, and October 11, 2006. Tim did not contest Donna’s allegations of adultery, and the parties stipulated to a division of the marital property. The proceedings dealt primarily with the issue of custody, and the parties presented an extensive amount of testimonial and documentary evidence to the chancery court for its evaluation of the Albright factors. 2 On October 31, 2006, the chancery court entered a final judgment, granting Donna a divorce on the ground of adultery, with all other matters (custody and visitation, child support, alimony, and attorney’s fees) to be taken under advisement.

¶ 9. In November 2006, Tim filed an emergency motion alleging that Donna was interfering with both his visitation and phone contact with the children. The chancery court issued an order establishing holiday visitation for Tim with the children. In January 2007, Tim filed a motion to reopen evidence, which again included allegations of Donna’s interference with visitation. He also requested that he be allowed to claim the children as dependants for income-tax purposes. A hearing was held on the matter, and the chancery court thereafter issued an order granting Tim’s motion to reopen evidence. The court also designated a specific time period for phone visitation and established spring-break visitation for Tim with the children; the court found that there was insufficient evidence to find Donna in contempt.

*1236 ¶ 10. On October 5, 2007, Tim was arrested by the Lamar County Sheriffs Department and charged with four counts of child exploitation, including sexual battery of a minor child in violation of Mississippi Code Annotated sections 97-5-38 and 97-3-95 (Rev.2006). According to the record, Tim had entered into an immunity agreement with the district attorney’s office in Jones County in March 2006, with the consent of the district attorney’s office in Lamar County. In exchange for Tim’s cooperation in the State’s investigation of Lola, the district attorney agreed to dismiss the child-exploitation charges, which Tim had been arrested for in 2005. Under the terms set forth in the agreement, Tim was to turn over certain video and/or photographic evidence to the district attorney’s office, either in his possession or which may come into his possession, “which may contain child pornography or any representation thereof including but not limited to preservations containing images of Lola Marie Hulsey and any minor child regardless of where the images were made or how [Tim] came into possession of same.” Tim also agreed to testify against Lola if the matter went to trial.

¶ 11. Despite the gravity of the situation, Tim and Lola continued to see each other romantically.

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Bluebook (online)
32 So. 3d 1232, 2010 Miss. App. LEXIS 196, 2010 WL 1544093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-craft-missctapp-2010.