Tritle v. Tritle

956 So. 2d 369, 2007 WL 1412963
CourtCourt of Appeals of Mississippi
DecidedMay 15, 2007
Docket2005-CA-01768-COA
StatusPublished
Cited by7 cases

This text of 956 So. 2d 369 (Tritle v. Tritle) 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
Tritle v. Tritle, 956 So. 2d 369, 2007 WL 1412963 (Mich. Ct. App. 2007).

Opinion

956 So.2d 369 (2007)

Park Allen TRITLE, Appellant
v.
Casi Alicia TRITLE, Appellee.

No. 2005-CA-01768-COA.

Court of Appeals of Mississippi.

May 15, 2007.

*371 Dixie Lynn Vaughn, Gulfport, attorney for appellant.

Darryl A. Hurt, Lucedale, attorney for appellee.

Before KING, C.J., IRVING and ROBERTS, JJ.

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. This appeal originates from Park and Casi Tritle's divorce before the George County Chancery Court. Park and Casi agreed to a divorce based on irreconcilable differences. They left it to the chancellor to determine the remaining issues, as they could not resolve those issues themselves. Most pertinent to our present purposes, the chancellor (a) awarded Casi custody of the two children, and (b) ordered Park to pay Casi periodic alimony. Aggrieved, Park appeals and takes issue with the chancellor's decisions regarding custody and alimony. Specifically, Park raises the following four issues, listed verbatim:

I. WHETHER THE COURT COMMITTED MANIFEST ERROR IN ITS FINDINGS OF FACT AND FAILED TO PROPERLY APPLY THE ALBRIGHT FACTORS WHICH RESULTED IN AN AWARD OF CUSTODY WHICH IS NOT IN THE BEST INTEREST OF THE CHILDREN.

II. WHETHER THE COURT WAS CLEARLY ERRONEOUS IN WEIGHING AN ALBRIGHT FACTOR IN FAVOR OF CASI.

III. WHETHER THE COURT USED AN INCORRECT LEGAL STANDARD IN AWARDING CUSTODY, AMOUNTING TO REVERSIBLE ERROR.

IV. WHETHER THE COURT ABUSED ITS DISCRETION AND COMMITTED MANIFEST ERROR IN GRANTING CASI PERIODIC ALIMONY.

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Park and Casi Tritle were married on August 6, 1983, in Milford, New Hampshire. *372 On March 30, 1994, while living in Spain, Park and Casi had twins, Park Austin Tritle and Tatiana Marie Tritle.[1] Eventually, Park and Casi made their home in Lucedale, Mississippi. Park and Casi maintained their marriage until March of 2004.

¶ 3. In the spring of 2004, Park filed a complaint for divorce.[2] After procedural volleys involving a counterclaim by Casi and an amended complaint by Park, Park and Casi agreed to divorce based on irreconcilable differences. On January 11, 2005, Park and Casi went to trial before the George County Chancery Court. Though they had agreed to divorce based on their irreconcilable differences, Park and Casi left it to the chancellor to resolve child custody, child support, alimony payable to Casi, distribution of debt, distribution of retirement accounts, and ownership of the children's passports. Park and Casi presented evidence over the course of four non-sequential days.[3]

¶ 4. On June 15, 2005, the chancellor rendered a thorough set of findings of fact and conclusions of law. Among other things, the chancellor (a) awarded "paramount" custody of the children to Casi, (b) granted Park visitation, (c) ordered Park to pay Casi $557.88 in monthly child support payments, (d) ordered Park to maintain health insurance on the children, (e) ordered Park to pay Casi $375 per month in periodic alimony, and (f) ordered Park and Casi to equally divide their retirement accounts. The chancellor ordered Casi's attorney to prepare a judgment that corresponded to the chancellor's findings of fact and conclusions of law. That judgment was filed on August 18, 2005. Aggrieved by the chancellor's decisions regarding custody and alimony, Park appeals.

ANALYSIS

I. WHETHER THE COURT COMMITTED MANIFEST ERROR IN ITS FINDINGS OF FACT AND FAILED TO PROPERLY APPLY THE ALBRIGHT FACTORS WHICH RESULTED IN AN AWARD OF CUSTODY WHICH IS NOT IN THE BEST INTEREST OF THE CHILDREN.

II. WHETHER THE COURT WAS CLEARLY ERRONEOUS IN WEIGHING AN ALBRIGHT FACTOR IN FAVOR OF CASI.

¶ 5. In her findings of fact and conclusions of law, the chancellor found that Casi was the proper person to have custody of the children. The chancellor reached her decision after an analysis of the familiar factors set forth in Albright v. Albright, 437 So.2d 1003 (Miss.1983). Park claims the chancellor committed reversible error.

¶ 6. In particular, the chancellor found that six of the Albright factors favored Casi: (1) continuity of care prior to the separation, (2) parenting skills and willingness and capacity to provide primary child care, (3) employment of the parents and the responsibility of that employment, (4) moral fitness of each parent, (5) home, *373 school, and community record of the children, and (6) other relevant factors. The chancellor did not find that any factor favored placing the children in Park's custody. Instead, the chancellor found that the remaining Albright factors favored neither Park nor Casi.

¶ 7. On appeal, Park submits that the chancellor should not have found that any factors favored placing custody with Casi. Additionally, Park takes the position that, although the chancellor found that physical and mental health of the parents and stability of the home environment favored neither him nor Casi, the chancellor should have found that those two factors favored him.

¶ 8. The standard of review in child custody cases is rather limited. Lee v. Lee, 798 So.2d 1284 (¶ 14) (Miss.2001). In child custody cases, the polestar consideration is the best interest and welfare of the child. Albright, 437 So.2d at 1005. The chancellor is the finder of fact in a child custody dispute. Funderburk v. Funderburk, 909 So.2d 1241 (¶ 10) (Miss. Ct.App.2005). As the finder of fact, the chancellor is vested with the responsibility to hear the evidence, assess the credibility of the witnesses, and determine ultimately what weight and worth to afford any particular aspect of the proof. Id. When it comes to finding facts, we defer to the chancellor in that we will not substitute our judgment for the chancellor's. Id. Even if we would have given greater weight to different testimony, so long as substantial credible evidence supports the chancellor's decision, we will not substitute our opinion for the chancellor's. Id. at (¶ 11). We turn to those factors with which Park takes issue.

a. Continuity of Care Prior to Separation

¶ 9. The chancellor found, "prior to the separation, [Casi] spent the most time with the kids in their daily routine and she was the primary care giver for the kids." Park takes exception to the chancellor's resolution of this factor. According to Park, the chancellor should have found that this factor favored him because he provided primary care for the children prior to the separation.

¶ 10. We may reverse only if the chancellor abused his discretion and the decision was manifestly wrong or clearly erroneous. Horn v. Horn, 909 So.2d 1151 (¶ 20) (Miss.Ct.App.2005). "The word `manifest', as defined in this context, means `unmistakable, clear, plain, or indisputable.'" Lowrey v. Lowrey, 919 So.2d 1112 (¶ 21) (Miss.Ct.App.2005). Given our deferential standard of review, we cannot find that the chancellor erred.

¶11. The chancellor heard conflicting testimony. Casi testified that she provided primary care for the children prior to the separation. However, Park testified that he provided primary care for the children prior to the separation. Park testified that, prior to the separation, he provided primary care for the children because, among other things, he disciplined the children, he took the children to appointments with doctors and dentists, met with teachers, assisted with homework, and shared cooking duties. Park admitted that Casi tended to the children's clothing.

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Cite This Page — Counsel Stack

Bluebook (online)
956 So. 2d 369, 2007 WL 1412963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tritle-v-tritle-missctapp-2007.