Parker v. South

913 So. 2d 339, 2005 WL 832240
CourtCourt of Appeals of Mississippi
DecidedApril 12, 2005
Docket2004-CA-00352-COA
StatusPublished
Cited by8 cases

This text of 913 So. 2d 339 (Parker v. South) 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
Parker v. South, 913 So. 2d 339, 2005 WL 832240 (Mich. Ct. App. 2005).

Opinion

913 So.2d 339 (2005)

Teresa L. PARKER, Appellant
v.
Timothy Robin SOUTH, Appellee.

No. 2004-CA-00352-COA.

Court of Appeals of Mississippi.

April 12, 2005.

*341 A. Rhett Wise, Jackson, attorney for appellant.

J. Mark Shelton, Jana Dawson, Tupelo, attorneys for appellee.

Before BRIDGES, P.J., IRVING and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. On September 29, 2000, an agreed order for adjudication of paternity and establishment of visitation rights was entered by the Chancery Court of Pontotoc County. Pursuant to this agreed order, Tim South, the appellee, was adjudicated to be the father of Christopher Wyatt Parker ("Wyatt"), a minor child who was born on December 13, 1994. Wyatt's mother is Teresa Parker, the appellant. On July 22, 2002, South filed a motion for modification of the agreed order for adjudication of paternity, which he mistakenly denominated as a "Complaint for Modification of Final Decree of Divorce, Temporary Emergency Custody and Citation for Contempt of Court and Other Relief." Since South and Parker were never married to one another, the reference to a decree of *342 divorce in the complaint he filed was an oversight or mistake of the drafter. In any event, the parties do not dispute that, through this complaint, South was seeking a modification of the September 29, 2000 agreed order for adjudication of paternity.

¶ 2. On December 29, 2003, the chancellor granted South's motion for modification and awarded South primary physical custody of Wyatt. The chancellor also granted visitation rights to Parker and ordered her to pay child support in the amount of $40 per week or $172 per month. Aggrieved by the judgment of the chancery court, Parker now appeals, raising the following two issues:

I. DID THE CHANCELLOR ERR IN FINDING THAT THERE WAS SUFFICIENT PROOF OF A SUBSTANTIAL AND MATERIAL CHANGE IN CIRCUMSTANCES THAT ADVERSELY AFFECTED THE CHILD'S WELFARE?

II. DID THE CHANCELLOR'S DECISION GO AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE?

¶ 3. Finding no reversible error, we affirm the chancellor's judgment.

FACTS

¶ 4. Sometime after being adjudicated to be the father of Wyatt, South began to be disturbed by certain behavior of Parker and by the environment in which Wyatt was being reared. After a time, South filed for a modification, seeking to have primary physical custody taken away from Parker and awarded to him. Among the circumstances that prompted South to take this action were the following: Parker took actions aimed at harming the relationship between Wyatt and South, including discouraging visitation and refusing to send clothing with Wyatt when he left for visitation with South. Parker changed her residence and moved Wyatt three times between the time of the original agreed order and the filing of the motion for modification. One of these residence changes involved Parker taking Wyatt and her other son, Kyle, to Illinois in order to move in with a man that Parker had known for only four months and to whom Parker was not married. While in Illinois, Parker, her boyfriend, and her children lived in a one bedroom apartment, in which the children slept on the couch or on an air mattress on the floor while Parker and her boyfriend slept together in the bedroom. Also while in Illinois, Parker took her two children to a bar parking lot from around 8:00 p.m. to 11:00 p.m. in order to listen to her boyfriend's band play inside the bar. Wyatt was roughly six years old at the time of the move to Illinois.

¶ 5. After three months in Illinois, Parker left her boyfriend and moved back to Mississippi. During the entire period while in Illinois and for approximately five months after returning to Mississippi, Parker was unemployed. In addition, in March of 2002, Parker was convicted of driving under the influence, as she was driving home from a night out at a bar. Also, while in Parker's care, Wyatt was the victim of some kind of inappropriate physical touching by a slightly older, male cousin, who lives next door to Parker, and Parker took little action in response to this incident, even doubting for a time the veracity of Wyatt and the other boy's story. Also, a relatively short time after returning to Mississippi, Parker moved herself, Wyatt, and her other son in with another man to whom she was not married. She met this man at a bar, and at the time when they commenced their relationship, he was married. He became divorced, and he and Parker finally became engaged after South filed his motion for *343 modification; but as of the time of the entry of the chancellor's judgment, Parker and her fiance were not married and no wedding date had been set. There was evidence that this most recent boyfriend, currently Parker's fiancé, drove Wyatt to and from a soccer game while under the influence of alcohol, and there was other evidence of alcohol use in the home by Parker and her fiancé. In addition, on one occasion in the presence of the children, Parker's fiancé verbally accosted South when South had come to pick up Wyatt for visitation. This incident involved some yelling and cursing by both parties and culminated in Parker hitting and slapping South, all while Wyatt watched.

¶ 6. Also, the father of Parker's other son, Kyle, was another man earlier in the string of Parker's relationships. It was further shown that Wyatt and Kyle understand the nature of the relationships between Parker and her boyfriends, as Parker and her boyfriends have typically slept in the same room and displayed affection in front of the children. Finally, in spite of all of these circumstances, Parker maintains that she sees "nothing wrong" with her personal or parenting choices.

¶ 7. As the proceeding below developed, a contrast, that was apparently not lost to the chancellor, between Parker and South emerged. South is current in his child support obligations, and he did not miss any of his visitation times, including the three month period during which Parker lived in Illinois. During that time, South drove to Illinois for his visitation weekends. In addition, South has been married to the same woman for eight years, and they have two children born during this marriage. Although he had been consistently employed for the entire time after the entry of the agreed order, South was laid off from his job at the time of the trial. This was due to an injury he suffered on the job that subsequently prevented him from performing the duties of this job. Thus, his temporary unemployment was shown to be anomalous, as South has no history of unemployment. Other relevant facts will be brought out in the remainder of this opinion.

LEGAL ANALYSIS

I. DID THE CHANCELLOR ERR IN FINDING THAT THERE WAS SUFFICIENT PROOF OF A SUBSTANTIAL AND MATERIAL CHANGE IN CIRCUMSTANCES THAT ADVERSELY AFFECTED THE CHILD'S WELFARE?

¶ 8. Parker argues that there was not sufficient proof of a substantial and material change in circumstances that adversely affected the child's welfare, as required before a modification can be granted. South argues that the proof was sufficient and that the modification was proper.

STANDARD OF REVIEW

¶ 9. Our standard of review of a chancellor's decision in a child custody case has been stated as follows:

The standard of review in child custody cases is narrow. Reversal of a chancellor's judgment requires that the chancellor be manifestly wrong or have "applied an erroneous legal standard." Lee v. Lee, 798 So.2d 1284, 1288 (Miss.2001) (citing Williams v. Williams, 656 So.2d 325, 330 (Miss.1995)).

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Cite This Page — Counsel Stack

Bluebook (online)
913 So. 2d 339, 2005 WL 832240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-south-missctapp-2005.