Richardson v. Richardson

912 So. 2d 1079, 2005 Miss. App. LEXIS 737, 2005 WL 2649853
CourtCourt of Appeals of Mississippi
DecidedOctober 18, 2005
DocketNo. 2004-CA-01015-COA
StatusPublished
Cited by2 cases

This text of 912 So. 2d 1079 (Richardson v. Richardson) 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
Richardson v. Richardson, 912 So. 2d 1079, 2005 Miss. App. LEXIS 737, 2005 WL 2649853 (Mich. Ct. App. 2005).

Opinion

ISHEE, J.,

for the Court.

¶ 1. The Appellant, Thomas J. Richardson (“Thomas”), filed his complaint for divorce from Sharon A. Richardson (“Sharon”) in the Chancery Court of the First Judicial District of Hinds County on December 6, 2001, citing irreconcilable differences. On February 24, 2004, the parties signed a consent to allow the court to decide the issues of child custody, child support, and the equitable distribution of marital assets. On May 5, 2004, the chancery court entered final judgment on those matters. Aggrieved by the decision of the chancery court, Thomas now appeals. We find the judgment of the chancery court is affirmed in part, and reversed and remanded in part.

FACTS

¶ 2. Sharon and Thomas Richardson were married on July 1, 1995. The couple had one child, Isaiah Richardson, born December 6, 1996. Prior to their marriage the parties entered into a prenuptial agreement that provided in pertinent part:

[Sjhould the parties eventually divorce ... each shall be entitled to only the property he or she brought into the marriage.... As to assets and properties acquired during the marriage the parties covenant and agree that should they divorce the marital property, real, property, and mixed shall be divided with Thomas J. Richardson taking 2/3 of such marital property and assets and Sharon Herring taking 1/3 of such marital property and assets.

The prenuptial agreement further provided that “Sharon Herring hereby relinquishes any claim upon Thomas J. Richardson’s logging business ... and shall have no claim on [his] logging business should a divorce action be instituted.” Thomas filed his complaint for divorce on December 6, 2001, citing irreconcilable differences. On February 24, 2004, the parties executed their mutual consent to permit the court to proceed to decide the issues of child custody, child support, and the division of marital assets acquired during the marriage.

¶ 3. A hearing was held on February 24, 2004. Other than the parties, no witnesses were called. On May 5, 2004, the court entered its judgment of divorce granting custody of Isaiah to Sharon. The chancery court also awarded Sharon nineteen of thirty-nine cows the couple was purported to have owned at a value established by the court to be $850 each. Furthermore, the chancellor awarded Sharon $11, 333 for a one-third interest in a thirty-four acre plot of timberland acquired by Thomas during the marriage. Aggrieved by this decision, Thomas asserts the following errors on appeal: (1) whether the trial court erred in failing to apply the Albright factors and in failing to award custody of Isaiah to Thomas; (2) whether the trial court erred by failing to apply the prenuptial agreement to the division of the cattle; (3) whether the trial court erred by dividing the timberland between the parties; and (4) whether the trial court incorrectly valued the real property in question and failed to apply the Ferguson factors for equitable division of the marital property.

[1081]*1081ISSUES AND ANALYSIS

I. Whether the trial court erred in failing to apply the Albright factors and in failing to award custody of Isaiah to Thomas.

¶4. Thomas asserts on appeal that the trial court erred in granting custody of his son, Isaiah, to Sharon. The scope of review of a custody decree on appeal to this Court is limited. Ivy v. Ivy, 863 So.2d 1010, 1012(¶ 3) (2004). “This Court will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied.” Sanderson v. Sanderson, 824 So.2d 623, 625-26(¶ 8) (Miss.2002) (quoting Kilpatrick v. Kilpatrick, 732 So.2d 876, 880(¶ 13) (Miss.1999) (citations omitted)). Thomas correctly argues that Mississippi jurisprudence requires that the best interests of the child be the prime concern in determining who shall have custody of a child following the divorce. Dickerson v. Dickerson, 245 Miss. 370, 374-75, 148 So.2d 510, 512 (1963). In fact, the child’s best interests are the polestar consideration in custody matters. Carr v. Carr, 480 So.2d 1120, 1123 (Miss.1985). The Mississippi Supreme Court has set forth twelve factors to be considered by chancellors in determining the child’s best interests. Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983). Thomas argues that had the court conducted even a cursory review of the Albright factors, the chancellor would have granted custody of Isaiah to him.

¶ 5. Sharon argues that while the Albright factors were not addressed by the chancellor specifically, both parties to the dispute provided testimony material to those factors. Sharon further argues that the trial court was relieved of its duty to make an Albright analysis due to Thomas’s own sworn pleadings. In his complaint, Thomas stated that “it would probably be in the best interest of the minor child that his custody be awarded to [Sharon] with reasonable and specific visitation awarded to [Thomas].” We cannot say that the chancellor committed reversible error by failing to specifically address the Albright factors. “Even where the specific basis of a decision is not stated in the chancellor’s opinion, the decision will not be disturbed if substantial evidence can be found in the record.” Sootin v. Sootin, 737 So.2d 1022, 1026(¶ 13) (Miss.Ct.App.1998) (citing M.C.M.J. v. C.E.J., 715 So.2d 774, 777(¶ 20) (Miss.1998)). The testimony provided at the custody hearing in favor of granting custody of Isaiah to Sharon as well as Thomas’s own pleadings provide the requisite substantial evidence to support the chancellor’s order. Finding no error, we affirm as to this issue.

II. Whether the trial court erred by failing to apply the prenuptial agreement to the division of the cattle.

¶ 6. Thomas next asserts that the trial court erred by failing to apply the plain terms of the prenuptial agreement to the division of the cattle owned by the Richardsons. Thomas further alleges that the chancellor erred by assigning a value of $850 per head without any evidence to substantiate that figure. Sharon asserts that Thomas essentially waived the provisions of the prenuptial agreement by signing the mutual consent to permit the court to proceed to the division of assets, such as the cattle, specifically stated within the agreement. In short, Sharon argues that Thomas’s signature on the consent motion allowed the chancellor to determine an equitable division of assets free and clear of any restrictions that may be imposed by the prenuptial agreement. Thomas coun[1082]*1082ters that any equitable distribution must take into consideration the prenuptial agreement and the prior understandings of the parties.

¶ 7. We agree with Thomas’s position. His signature of the mutual consent was little more than his acquiescence to the distribution of the property by the chancery court. The contention that his signature on the agreement allowing the chancery court to proceed with such matters superceded or eviscerated the plain terms of the prenuptial agreement is untenable. We find that the chancery court committed manifest error by substituting its judgment for that of a valid and enforceable contractual agreement between the parties. The record reflects that the herd of cattle consisted of some thirty-nine animals. Therefore, according to the prenuptial agreement, Sharon is entitled to one-third of the value of the cows.

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912 So. 2d 1079, 2005 Miss. App. LEXIS 737, 2005 WL 2649853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-richardson-missctapp-2005.