Rodgers v. Taylor

755 So. 2d 33, 1999 WL 508805
CourtCourt of Appeals of Mississippi
DecidedJuly 20, 1999
Docket98-CA-00647-COA
StatusPublished
Cited by6 cases

This text of 755 So. 2d 33 (Rodgers v. Taylor) 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
Rodgers v. Taylor, 755 So. 2d 33, 1999 WL 508805 (Mich. Ct. App. 1999).

Opinion

755 So.2d 33 (1999)

Karen Taylor (RODGERS), Appellant,
v.
Rodney TAYLOR, Appellee.

No. 98-CA-00647-COA.

Court of Appeals of Mississippi.

July 20, 1999.
Rehearing Denied October 26, 1999.
Certiorari Denied February 17, 2000.

*34 Hallie Gail Bridges, Belzoni, Attorney for Appellant.

Edward J. Bogen, Jr., Leland, Attorney for Appellee.

BEFORE McMILLIN, C.J., IRVING, AND PAYNE, JJ.

PAYNE, J., for the Court:

PROCEDURAL POSTURE AND FACTS

¶ 1. This case is on appeal challenging the judgment of the Chancery Court of Washington County awarding custody of the minor child, Rodney Taylor, Jr., to the biological father, Rodney Taylor. Feeling aggrieved, Karen Taylor Rodgers timely perfected this appeal.

¶ 2. Karen and Rodney were married on March 28, 1992. From this union, a child, Rodney Jr., was born on October 6, 1992. On January 22, 1993, the couple's marital bliss ended with their separation. On April 7, 1993, Karen and Rodney entered into a settlement agreement, granting Karen a divorce on the grounds of irreconcilable differences. As part of that agreement, Karen was awarded physical custody of Rodney, Jr. with Rodney enjoying reasonable visitation rights. Subsequent to the dissolution of their marriage, both parties remarried-Rodney married Aimee on *35 July 22, 1994, and Karen married Ken Rodgers on January 18, 1995.

¶ 3. On November 22, 1994, Rodney filed a petition for modification and other relief, seeking a change in custody from Karen to Rodney that would be in the minor child's best interest based on a material change in circumstance. Rodney also alleged that he had been denied certain visitation privileges with the child. On December 14, 1994, Karen filed a response, denying the material elements of Rodney's petition for modification of child custody and alleging that Rodney had failed to pay some of his child support obligations under their divorce agreement. Further, Karen counter-claimed for additional child support from Rodney.

¶ 4. In the interim, settlement negotiations between the parties occurred in an effort to resolve the issues in Rodney's petition and Karen's counter-petition, and allegations surrounding the possible sexual abuse of the child by Rodney and Aimee Taylor surfaced. After Karen reported the possible abuse to the Washington County Department of Human Services, arrest warrants were issued for Rodney and Aimee on child molestation charges. On August 22, 1996, Rodney and Aimee surrendered themselves on the outstanding child molestation warrants. Both denied the allegations and maintained that the charges were fabricated by Karen in order to defeat Rodney's effort to gain physical custody of Rodney, Jr. Subsequently, the child molestation charges against Rodney and Aimee were dismissed. However, an agreed temporary order, effective until the disposition of Rodney's original petition, was issued restricting Rodney's contact with the minor child. In addition, a guardian ad litem, Wayne O. Lee,[1] was appointed for the minor child.

¶ 5. The chancellor held a hearing on the merits of Rodney's petition for modification and found that the minor child's best interest would be served by changing primary physical custody to Rodney and limiting Karen's visitation to times and places where Ken Rodgers would have no contact with the minor child. From this ruling flowed Karen's appeal.

ISSUES PRESENTED

¶ 6. Karen presents the following issues for our review:

I. WHETHER THE CHANCELLOR ERRED IN ADMITTING TESTIMONY WHICH DID NOT CONFORM TO THE MISSISSIPPI RULES OF EVIDENCE
II. WHETHER THE CHANCELLOR ERRED BY NOT DISMISSING THE PETITION FOR MODIFICATION AT THE CONCLUSION OF THE APPELLEE'S CASE AND IN FAILING TO SUSTAIN APPELLANT'S MOTION TO DO SO?
III. WHETHER THE CHANCELLOR ERRED IN FAILING TO PROTECT THE RIGHTS OF RODNEY, JR. BY FAILING TO INSURE THAT THE GUARDIAN AD LITEM PERFORMED HIS DUTIES AND BY RELEASING THE GUARDIAN AD LITEM PRIOR TO THE TRIAL OF THE PETITION FOR MODIFICATION
IV. WHETHER THE CHANCELLOR APPLIED AN ERRONEOUS LEGAL STANDARD AND COMMITTED MANIFEST ERROR IN MODIFYING THE CUSTODY ARRANGEMENT
V. WHETHER THE CHANCELLOR COMMITTED MANIFEST ERROR IN RESTRICTING KAREN'S VISITATION WITH RODNEY JR. BY *36 ORDERING THAT RODNEY, JR. WAS TO NEVER BE ALONE WITH KAREN'S HUSBAND, KEN RODGERS
VI. WHETHER THE CHANCELLOR ERRED IN ORDERING KAREN TO PAY CHILD SUPPORT WHEN SHE IS UNEMPLOYED AND HAS NO FUNDS OF HER OWN AND IS THE MOTHER OF A YOUNG CHILD

¶ 7. Upon review of the record and applicable precedents, we find the chancellor manifestly erred and abused his discretion in modifying the child custody arrangement based on the record. Accordingly, we reverse and render as to Issue IV and order the minor child returned to Karen's custody. As the remaining issues turn on our disposition of Issue IV, and we reverse and render on that issue, the remaining issues are moot and we decline to address them.

ANALYSIS

IV. WHETHER THE CHANCELLOR APPLIED AN ERRONEOUS LEGAL STANDARD AND COMMITTED MANIFEST ERROR IN MODIFYING THE CUSTODY ARRANGEMENT

¶ 8. The pivotal issue in this case is whether the chancellor manifestly erred in modifying the original custody agreement. Karen maintains that the chancellor erred in modifying the custody agreement because he found no material change in circumstances that was adverse to Rodney, Jr. Further, Karen asserts that the chancellor erred in applying the Albright factors, as these factors are determinative of an initial custody placement, not a subsequent modification.

¶ 9. Rodney counters that Karen's instability, Karen's apparent mission to destroy the relationship between Rodney and the minor child, and the testimony presented at the hearing were sufficient to prove a material change in circumstances and that the best interests of the minor child were served by the change in custody.

Standard of Review

¶ 10. "The standard of review employed by this Court in domestic relations cases is abundantly clear. Chancellors are vested with broad discretion, and this Court will not disturb the chancellor's findings unless the court's actions were manifestly wrong, the court abused its discretion, or the court applied an erroneous legal standard." Andrews v. Williams, 723 So.2d 1175, 1177 (Miss.Ct.App.1998) (citing Sandlin v. Sandlin, 699 So.2d 1198, 1203 (Miss.1997); Johnson v. Johnson, 650 So.2d 1281, 1285 (Miss.1994)) (other citations omitted).

The Law Regarding Modification of Child Custody

¶ 11. The Mississippi Supreme Court has stated:

There are in our law two prerequisites to a modification of child custody. First, the moving party must prove by a preponderance of the evidence that, since entry of the judgment or decree sought to be modified, there has been a material change in circumstances which adversely affects the welfare of the child. Second, if such an adverse change has been shown, the moving party must show by like evidence that the best interest of the child requires the change of custody.

Pace v. Owens, 511 So.2d 489, 490 (Miss. 1987). Recently, the Mississippi Supreme Court reaffirmed the rule in Pace and provided further guidance: "The change in circumstances `is one in the overall living conditions in which the child is found. The `totality of the circumstances' must be considered.'" Riley v.

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Cite This Page — Counsel Stack

Bluebook (online)
755 So. 2d 33, 1999 WL 508805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-taylor-missctapp-1999.