Jordan v. Jordan

105 So. 3d 1130, 2012 WL 6120033, 2012 Miss. App. LEXIS 803
CourtCourt of Appeals of Mississippi
DecidedDecember 11, 2012
DocketNo. 2011-CA-01361-COA
StatusPublished
Cited by5 cases

This text of 105 So. 3d 1130 (Jordan v. Jordan) 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
Jordan v. Jordan, 105 So. 3d 1130, 2012 WL 6120033, 2012 Miss. App. LEXIS 803 (Mich. Ct. App. 2012).

Opinions

ISHEE, J.,

for the Court:

¶ 1. In 2011, the Jones County Chancery Court issued a final judgment regarding child support and child custody of Ronald and Stacy Jordan’s minor child, Joshua, following the Jordans’ 2010 divorce. The chancery court awarded primary physical custody of the child to Stacy, with the parties sharing joint legal custody. Ronald was granted visitation rights. The chancery court also ordered Ronald to contribute to Stacy’s attorney’s fees. Ronald filed a motion to alter or amend the final judgment or, in the alternative, for a new trial. The motion was denied. Aggrieved, Ronald appeals. Finding no error, we affirm.

[1132]*1132STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. The Jordans were married in 2007, and Stacy gave birth to their son in November 2009. The couple separated prior to Joshua’s birth, and Stacy filed for divorce in December 2009. After a trial, the divorce was finalized in 2010 when the chancery court issued its findings of fact and conclusions of law.

¶ 3. The chancery court noted that testimony provided at trial did not indicate that either parent was unfit or lacked parenting skills. Notably, Stacy’s ex-husband, Kevin McQuirter, testified that she is a good mother and that he is very pleased with the mothering she provides to McQuirter and Stacy’s two children, who reside in Stacy’s home. In sum, the chancery court stated that neither parent “was deficient in most of the [Albright ] factors. [The parties’] disagreement is that Ronald asks ... to [be awarded] joint physical custody of Joshua[,] and Stacy argues the opposite[ ].”

¶ 4. The chancery court determined that the parties were neutral with regard to all Albright1 factors except for three: (1) age of the child, (2) continuity of care prior to the separation, and (3) employment responsibilities. At the time of the chancery court’s findings in February 2011, Joshua was just over one year old. Since Joshua was, and is, “of tender years,” the chancery court determined that this Albright factor favored Stacy. Additionally, since Stacy had been Joshua’s primary caregiver since he was born, the continuity-of-care factor also favored Stacy.

¶ 5. Stacy was a stay-at-home mother from the time Joshua was born until the chancery court entered its findings. However, her intention had always been to return to work. Stacy had been hired for work, but had not yet started her job. As such, her future employer testified on her behalf and stated that Stacy’s work schedule and environment would be extremely flexible. Stacy would be able to bring Joshua to work with her every day. By contrast, Ronald has a mandatory forty-hour work week that often requires additional hours. Although his work week is condensed to four days instead of five, his job as an officer with the Mississippi Department of Marine Resources requires him to travel often. Furthermore, Ronald admitted that he would not be able to take Joshua to work with him. Regardless, Ronald stated he does not think his work environment would be a suitable daily location for Joshua. Thus, the chancery court found the employment-responsibilities factor favored Stacy.

¶ 6. Finally, Stacy testified as to her inability to pay her attorney’s fees. Since she is a stay-at-home mother, she has no source of income. Despite the fact that Ronald has a job, he and Stacy have had to borrow money from family members to pay for their respective attorneys’ fees. However, Stacy testified regarding Ronald’s “excessive” filings, which she claims were meritless and have increased her attorney’s fees substantially. Accordingly, the chancery court awarded Stacy a portion of her attorney’s fees.

¶ 7. Soon after the chancery court entered its findings of fact and conclusions of law, Ronald filed a motion for a new trial, to correct a mistake, and to amend the findings of fact and conclusions of law. After reviewing Ronald’s motion, oral evidence, and documentary evidence, the chancery court entered a final judgment with regard to child custody and attorney’s fees, among other issues. In its order, the chancery court granted joint legal custody [1133]*1133to both parties but awarded primary physical custody to Stacy. Ronald was awarded visitation.

¶ 8. Ronald’s visitation schedule included every other weekend and one day during each week. During Christmas holidays, Stacy and Ronald were granted one week each during the week before and the week after Christmas day. The week each party was granted alternated every year. Thanksgiving holidays also alternated between the parties each year, as did Joshua’s school’s spring holidays. Ronald was granted Father’s Day, and Stacy was granted Mother’s Day. The party not having custody of Joshua on his birthday was granted visitation from 4:00 p.m. until 7:00 p.m. on that day. Additionally, Ronald was granted two weeks and one extra weekend during the child’s summer vacation until Joshua reaches the first grade. Once he reaches the first grade, the parties were ordered to alternate custody during the summer vacation on an every-other-week schedule.

¶ 9. Finally, Ronald was ordered to contribute $8,418.14 toward Stacy’s $8,418.14 in attorney’s fees. This amount was ordered to be paid to Stacy in increments of $100 per month until paid in full. Ronald timely filed an appeal challenging the chancery court’s award of primary physical custody, the award of visitation, and the award of attorney’s fees.

DISCUSSION

¶ 10. “[W]hen considering the decisions of a chancellor on appeal, this Court has a limited standard of review.” In re the Matter of the Conservatorship of the Estate of Loyd, 868 So.2d 363, 367 (¶ 11) (Miss.Ct.App.2003) (citing McNeil v. Hester, 753 So.2d 1057, 1063 (¶21) (Miss.2000)). “We will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous, or applied an erroneous legal standard.” Taylor v. Bell, 87 So.3d 1134, 1137 (¶ 6) (Miss.Ct.App.2012) (citing Buford v. Logue, 832 So.2d 594, 600 (¶ 14) (Miss.Ct.App.2002) (citation omitted)).

I. Custody

¶ 11. Ronald first challenges the chancery court’s award of physical custody to Stacy. The case of Albright v. Albright, 437 So.2d 1003 (Miss.1983), provides the requisite test for determining child custody in custody disputes. Ultimately, the “polestar consideration in child custody cases is the best interest and welfare of the child.” Albright, 437 So.2d at 1005.

¶ 12. The Albright test weighs the following factors:

Age[,] ... health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school[,] and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent[;] and other factors relevant to the parent-child relationship.

Id,

¶ 13.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Larry E. Hammonds v. Deidre Hammonds
174 So. 3d 947 (Court of Appeals of Mississippi, 2015)
John T. Walker v. Mary M. Walker
210 So. 3d 996 (Court of Appeals of Mississippi, 2015)
Rosser v. Morris
135 So. 3d 945 (Court of Appeals of Mississippi, 2014)
Speights v. Speights
126 So. 3d 76 (Court of Appeals of Mississippi, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
105 So. 3d 1130, 2012 WL 6120033, 2012 Miss. App. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-jordan-missctapp-2012.