Maegan White v. Christopher White

166 So. 3d 574, 2015 Miss. App. LEXIS 335, 2015 WL 3771434
CourtCourt of Appeals of Mississippi
DecidedJune 16, 2015
Docket2013-CA-02134-COA
StatusPublished
Cited by2 cases

This text of 166 So. 3d 574 (Maegan White v. Christopher White) 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
Maegan White v. Christopher White, 166 So. 3d 574, 2015 Miss. App. LEXIS 335, 2015 WL 3771434 (Mich. Ct. App. 2015).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. The Webster County Chancery Court granted Maegan Lee White (“Mae-gan”) and Christopher Lee White (“C.L.”) an irreconcilable-differences divorce. The parties submitted all child-related issues to the court, including child custody and visitation. The court awarded C.L. sole custody of their two minor children and gave Maegan visitation rights. Maegan timely appealed. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Maegan and C.L. married on July 1, 2006, in Starkville, Mississippi. Their son, Garrett, was born on January 13, 2007. The couple’s daughter, Harley, was born December 26, 2007. Maegan filed for divorce on February 21, 2012, on the grounds of habitual cruel and inhuman treatment, or in the alternative, irreconcilable differences. She also sought permanent custody of Garrett and Harley. C.L. filed his answer and a counter-complaint for divorce on May 9, 2012, citing adultery, habitual cruel and inhuman treatment, or in the alternative, irreconcilable differences. He also sought permanent custody of the two children. A temporary order was entered on June 4, 2012, granting Maegan temporary custody of the children and awarding C.L. visitation every other weekend.

¶ 3. On or about September 11, 2012, Maegan filed a motion to suspend visitation, alleging that C.L. had inappropriately touched Harley. As a result, the chancellor suspended C.L.’s visitation and appointed a guardian ad litem (GAL) to investigate. Once the GAL filed her report, C.L. filed a motion to reinstate visitation on October 12, 2012. On November 20, 2012, the chancellor reinstated C.L.’s visitation but ordered that all visits be supervised by the Webster County Department of Human Services. In April 2013, the court reinstated C.L.’s full visitation rights. Thereafter, on April 2, 2013, the parties consented, in writing, to a divorce on the ground of irreconcilable differences, submitting the following issues to the court: child custody and visitation, child support, children’s health insurance and health-related bills, children’s school and extracurricular expenses, claiming the children on tax returns, all other child-related matters, division of personal property, and taxes. A trial was held June 18-19, 2013.

*578 ¶4. At trial, the following facts were presented: Maegan is twenty-eight years old and has been a registered nurse since 2007. She earned her nursing degree while married to C.L. Maegan has worked with five different companies in various capacities. since beginning her career. C.L. is forty years old and owns a body shop next door to the marital home. Until the separation, Maegan, C.L., and their two children lived together in Webster County. C.L. worked at his body shop for the entirety of the marriage, while Maegan had to travel from Webster County in order to attend school and later for work. While both parties were at school or work, Maegan’s family members often helped watch the children until May 2008, when both children began attending daycare. While C.L.’s job was consistently near the home and provided “normal” working hours, Maegan’s career as a nurse sometimes required her to work night shifts and required significant travel. During this time, parenting duties were equal, although sometimes aided by Maegan’s family members.

¶ 5. When the parties separated in June 2011, Maegan moved with the children to Oktibbeha County, which was near to her mother and her job at Mississippi Home Care in Starkville. Initially, C.L. and Maegan split equal time with the children, rotating every two days as well as three-day weekends. In August 2011, Maegan enrolled Garrett and Harley in preschool in Louisville, which was approximately fifteen minutes from their home in Sturgis. The children adjusted well to their new school, and Harley began speech therapy. In February 2012, Maegan moved, along with the children, to Caledonia. Here, Maegan enrolled the children in a prekindergarten program at Caledonia Elementary. In June 2012, the court awarded Maegan temporary full custody and gave C.L. visitation rights for every other weekend and the month of July 2012.

¶ 6. In August 2012, Maegan filed an emergency motion with the court, alleging that C.L. had inappropriately touched Harley. Maegan testified at trial that in August 2012, when the children returned after a visit with C.L., Maegan discovered blood in Harley’s underwear and an abscess on her upper thigh. Two weeks later, Harley had a “fit” when she had to return to C.L.’s, including becoming physically ill, screaming, and crying. Soon after, Harley allegedly disclosed to Maegan that C.L. had inappropriately touched her. After Maegan filed her emergency motion presenting these allegations, the court revoked C.L.’s visitation rights and an investigation commenced. Harley was interviewed by police, by the Lowndes County Department of Human Services, and the court-appointed GAL. The GAL’s report later stated that Harley had told the GAL that her mother told her she could avoid returning to C.L.’s if she told people he had touched her private parts. Maegan denied this at trial. The allegations against C.L. were found to be unsubstantiated, and his visitation rights were restored.

¶ 7. In December 2012, Maegan resigned from her job and moved from Caledonia back to Sturgis. She began a new job at Rolling Hills, a healthcare facility in Stark-ville, and the children were enrolled at the Louisville Public Schools. Roughly two months after beginning employment with Rolling Hills, Maegan began working at Diamond Grove in Louisville. Two weeks after being hired, Maegan was terminated. She testified at trial it was because her drug screen tested positive for Adderall, and although she had a prescription, the facility said they could not take a risk of having an employee with access to amphetamines at their facility, where many pa *579 tients had the same type of medicine. At the time of trial, Maegan had secured employment as a home health nurse in Louisville. Maegan testified that the children, regardless of where they were living or where their mother worked, had a schedule that they adhered to. If she was ever “on call,” there were always friends or family members nearby who would be able to temporarily care for the children.

¶ 8. Additionally, Maegan testified generally that she and the children attended church regularly, and that she did not consume alcohol regularly or abuse drugs. She denied that anyone who cared for her children drank to excess or had any problems with alcohol. She also denied dating anyone during her marriage and denied having sexual relationships with anyone in front of her children. Maegan claimed that both prior to and after the separation, C.L. neglected Harley. She testified that he often took Garrett hunting and fishing, but left Harley at home. Even when both children were home, he had little to do with Harley. Maegaris mother and grandmother both testified similarly about C.L.’s involvement with Harley. Both women also testified about Maegaris parenting skills and their willingness to help care for the children whenever needed.

¶ 9. Additional witnesses were called to testify about Maegan, including Taryn Shurden, a friend and coworker. Shur-deris testimony called into question the veracity of Maegaris statements that she did not drink or date during or after the separation.

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Bluebook (online)
166 So. 3d 574, 2015 Miss. App. LEXIS 335, 2015 WL 3771434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maegan-white-v-christopher-white-missctapp-2015.