Fields v. Fields

830 So. 2d 1266, 2002 Miss. App. LEXIS 495, 2002 WL 2005926
CourtCourt of Appeals of Mississippi
DecidedSeptember 3, 2002
DocketNo. 2001-CA-01287-COA
StatusPublished
Cited by6 cases

This text of 830 So. 2d 1266 (Fields v. Fields) 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
Fields v. Fields, 830 So. 2d 1266, 2002 Miss. App. LEXIS 495, 2002 WL 2005926 (Mich. Ct. App. 2002).

Opinion

CHANDLER, J.,

for the court.

¶ 1. This case comes to this Court on appeal from the Chancery Court of Hinds County, Mississippi. The chancellor granted limited visitation privileges to Ronald Wayne Fields (Wayne), holding that the detrimental influence Wayne had upon his minor son, Patrick, prevented the court from granting unrestricted, standard visitation privileges. Wayne now argues that the chancellor erred in limiting his visitation privileges where there was no evidence indicating that Patrick was in danger of being harmed while in Wayne’s custody. We agree, finding that the chancellor abused her discretion by limiting Wayne’s visitation privileges; therefore, we reverse and remand this case for further consideration.

FACTS

¶ 2. On August 3, 1998, Wayne and Angela Zuccaro Fields were granted a divorce in the Hinds County Chancery Court on the grounds of irreconcilable differences. The judgment granted primary custody of their only child, Patrick, to Angela and awarded Wayne certain limited visitation privileges, including four hour visitation periods every other Saturday and Sunday and additional four hour peri[1267]*1267ods during Christmas, Thanksgiving, Easter, and Patrick’s birthday. The parties agreed to review the visitation agreements again in September 1999. However, when the time came to review the agreement, Angela refused to address Wayne’s requests, forcing Wayne to file a motion for contempt and modification of the previous visitation order.

¶ 3. On June 19, 2000, the chancellor conducted a hearing and approved a temporary agreement reached by the parties, awarding Wayne overnight visitation, from Saturday to Sunday, every other weekend. Additionally, the chancellor granted Wayne Thanksgiving visitation privileges. On December 9, 2000, . the matter was reconvened and, after considering the testimony of both parents, the chancellor awarded Wayne temporary standard visitation privileges, including alternate holiday visitation privileges. The chancellor also appointed Paul Davey to evaluate and identify any psychological or behavioral disorders that Patrick might have developed as a result of the divorce and the subsequent visitation schedules.

¶ 4. The matter resumed on May 2, 2001, following the completion of Davey’s evaluation of Patrick. During the hearing, the chancellor listened to several witnesses, including Davey who concluded that Wayne should be awarded standard visitation privileges. Nonetheless, the chancellor awarded Wayne limited visitation rights, confined to alternate weekends from five o’clock on Friday until six o’clock on Sundays. The chancellor refused to include any provisions regarding summer visitations or week-long extensions. Furthermore, the chancellor ruled that Wayne, during the time he had visitation privileges, would have to ensure that Patrick participates in any church related functions as determined by Angela. However, fearing that Angela might enroll Patrick in an excessive number of church activities so as to burden Wayne’s visitation privileges, the chancellor limited the number of activities to three. The chancellor concluded by emphasizing that Wayne’s visitation rights did not extend to any holidays.

LAW AND ANALYSIS

¶ 5. When confronted with issues pertaining to a visitation, the chancellor is granted broad discretion. Rogers v. Morin, 791 So.2d 815, 820(¶9) (Miss.2001). Accordingly, this Court will not reverse the chancellor’s decision unless it is not supported by substantial evidence found in the record. However, this Court will not hesitate to reverse a chancellor’s decision in cases where the decision is replete with manifest error or suggests that an abuse of discretion has occurred. Forsythe v. Akers, 768 So.2d 943, 949(¶ 17) (Miss.Ct. App.2000).

¶ 6. Our courts have adopted a policy of maintaining relationships between parents and their children even though the parent may be non-custodial. Dunn v. Dunn, 609 So.2d 1277, 1286 (Miss'.1992); Rayburn v. Rayburn, 749 So.2d 185, 187(¶ 3) (Miss.Ct.App.1999). As such, the non-custodial parent is reasonably entitled to more than limited and short periods of visitation. Mixon v. Mixon, 724 So.2d 956, 961(¶ 15) (Miss.Ct.App.1998). See also Crowson v. Moseley, 480 So.2d 1150, 1153 (Miss.1985) (noting that some holiday visitation, along with overnight weekend visitation privileges, is required as part of standard visitation). Restrictions on a non-custodial parent’s visitation privileges should only be ordered on a limited basis. As the Mississippi Supreme Court has stated, “there must be evidence presented that a particular restriction on visitation is necessary to avoid harm to the child before a chancellor may properly impose the re[1268]*1268striction.” Harrington v. Harrington, 648 So.2d 543, 545 (Miss.1994). See also Dunn, 609 So.2d at 1286; Cox v. Moulds, 490 So.2d 866, 868 (Miss.1986). Absent evidence that standard visitation would likely cause actual harm to the child, the chancellor may not impose limitations on visitation and to do so represents both an abuse of discretion and manifest error. Harrington, 648 So.2d at 544.

¶ 7. In Harrington, the Mississippi Supreme Court reversed a chancellor’s decision to limit the visitation privileges of the non-custodial, natural father who had co-habitated with a woman without the benefit of marriage. Id at 547. The court reasoned that, despite the chancellor’s findings, there was no evidence in the record that the children were harmed or confused by their father’s cohabitation. Id. The court concluded that the likelihood of harm to the child must have a concrete, factual basis in order to overcome the presumption that the non-custodial parent is entitled to standard, unrestricted visitation privileges. Id.

¶ 8. This Court will follow the reasoning set out in Harrington, holding that absent evidence that the child is harmed by standard visitation, the chancellor may not impose limitations on the visitation privileges of the non-custodial parent. In the case sub judice, the chancellor determined that the evidence justified the limitation of visitation, even though she had previously granted Wayne standard visitation privileges through a prior order.

¶ 9. In her findings, the chancellor cited to the testimony of Patrick’s third grade teacher, Amy McKay and Abby McAdams, Patrick’s after-school caregiver. Angela called McKay and McAdams in an attempt to show that Patrick’s standard of behavior at school deteriorated around the weekends he was to spend with Wayne. According to McKay, Wayne’s influence over Patrick caused Patrick to become loud and combative. McKay stated that she has had to “call him down” for being rough with other children on the playground. Notwithstanding, McKay conceded that Patrick’s behavior was normal for a male child of his age. McAdams similarly testified that Patrick was more aggressive on the Fridays he was scheduled to spend with Wayne. However, unlike McKay, McAdams testified that she had not noticed any difference in Patrick’s behavior following his weekend visits with Wayne. Although it is possible that Patrick’s adolescent behavior can be linked to the visitations with Wayne, the evidence presented by McKay and McAdams fails to show a direct correlation. Moreover, we do not believe that Patrick’s isolated aggressive behavior at school can be considered a danger or substantial detriment, justifying the limitation of Wayne’s visitation. See Dunn, 609 So.2d at 1286.

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830 So. 2d 1266, 2002 Miss. App. LEXIS 495, 2002 WL 2005926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-fields-missctapp-2002.