Watts v. Watts

99 So. 3d 751, 2012 WL 181430, 2012 Miss. App. LEXIS 54
CourtCourt of Appeals of Mississippi
DecidedJanuary 24, 2012
DocketNo. 2010-CA-00613-COA
StatusPublished
Cited by9 cases

This text of 99 So. 3d 751 (Watts v. Watts) 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
Watts v. Watts, 99 So. 3d 751, 2012 WL 181430, 2012 Miss. App. LEXIS 54 (Mich. Ct. App. 2012).

Opinions

CARLTON, J., for the Court:

¶ 1. Thomas Watts filed for a divorce from his wife, Kimberly Watts, on July 9, 2008. After a trial held in the Harrison County Chancery Court, the chancellor granted the parties an irreconcilable-differences divorce. The chancellor awarded Kimberly one-half of the marital assets, and he also awarded attorney’s fees to Kimberly. The chancellor awarded the parties joint physical and legal custody of the parties’ minor son, Trevor Watts. Thomas now appeals, claiming the chancellor erred in awarding joint legal and physical custody of Trevor and also erred in awarding alimony and attorney’s fees to Kimberly. Finding no error, we affirm the chancellor’s judgment.

FACTS

¶ 2. Thomas and Kimberly were married on May 4, 1996. Thomas worked as a certified nurse anesthetist, and Kimberly worked as a registered nurse. The marriage produced one child, Trevor, born on August 21, 1996. Prior to the marriage, Thomas entered into a rehabilitation program for prescription drug abuse. During his recovery, Thomas met Kimberly, who worked with him in his recovery process.

¶ 8. In December 2006, Thomas began exhibiting abnormal and distant behavior. After inquiries by his coworkers about his behavior, Thomas again entered into an inpatient drug rehabilitation program, and he self-reported to a doctor for abusing prescription drugs. Thomas consequently took a leave of absence from his job as a nurse anesthetist. During this time, Kimberly returned to full-time work to supplement the family’s income while also assisting in providing care for her ailing father. Kimberly also had surgery to remove an ovary. Following his completion of the rehabilitation program in January 2007, Thomas enrolled in the Nursing Recovery Program.

¶ 4. After Thomas’s release from the rehabilitation program, he and Kimberly began experiencing problems in their marriage. Kimberly suffered the loss of her father in October 2007. In July 2008, the parties engaged in an argument that escalated into a charge of domestic abuse against Kimberly. Thomas obtained an ex-parte temporary restraining order (TRO) for emergency relief and filed an affidavit in support of the TRO claiming Kimberly was a danger to herself and others. Kimberly filed no pleadings challenging the propriety of the TRO. The TRO granted Thomas temporary custody of Trevor, appointed a guardian ad litem (GAL) to represent Trevor’s best interest, and set a hearing for July 22, 2008. The chancellor ultimately determined the affidavit was not substantially true in material aspects, and he also found that Kimberly had not posed a danger to herself or others at the time the affidavit was signed. Thomas and Kimberly finally separated on July 5, 2008.

¶ 5. On July 22, 2008, the parties agreed to an order for temporary relief, which appointed a new GAL; provided for supervised visitation between Trevor and Kimberly, pending the GAL’s interim report; and ordered the parties and Trevor to undergo psychological and psychiatric evaluations. Thomas, Kimberly, and Trevor all met separately with the doctors and the GAL, who recommended a specific unsupervised visitation schedule for Trevor with Kimberly. The chancellor entered a First Amended Order for Temporary Re[756]*756lief and Consolidation, setting up a specific visitation schedule.

¶ 6. After the trial held on March 2-5, 2009, Thomas and Kimberly voluntarily consented to the divorce on the ground of irreconcilable differences. The chancellor awarded Thomas and Kimberly joint legal and physical custody of Trevor. The chancellor also awarded $15,000 in attorney’s fees to Kimberly, and he ordered Thomas to pay Kimberly $1,000 per month in alimony.

¶ 7. Following the entry of the final judgment, Thomas filed a Rule 59(e) motion to set aside, alter, or amend the final judgment. See M.R.C.P. 59(e). On July 13, 2009, Thomas filed an amended Rule 59(e) motion and also a Rule 60 motion to set aside, alter, or amend the final judgment, to reopen the evidence and/or for a new trial. See M.R.C.P. 60. On November 18, 2009, Thomas filed an amended and supplemental motion under Rule 59(e) and Rule 60, as well as a motion for modification of the judgment. On December 7, 2009, Thomas filed a motion for findings of fact and conclusions of law regarding the Rule 59 and Rule 60 motions. Following a hearing, the chancellor issued an order denying the motions. Thomas now appeals.

STANDARD OF REVIEW

¶ 8. “Chancellors are afforded wide latitude in fashioning equitable remedies in domestic relations matters, and their decisions will not be reversed if the findings of fact are supported by substantial credible evidence in the record.” Henderson v. Henderson, 757 So.2d 285, 289 (¶ 19) (Miss. 2000). “The Court will not disturb the findings of a [cjhancellor unless the [c]han-cellor was manifestly wrong, clearly erroneous[,] or an erroneous legal standard was applied.” Bell v. Parker, 563 So.2d 594, 596-97 (Miss.1990).

DISCUSSION

I. Albright Factors

¶ 9. Thomas argues that the chancellor abused his discretion regarding his findings and application of the Albright1 factors. Thomas cites to Taylor (Rodgers) v. Taylor, 755 So.2d 33, 38 (Miss.Ct.App.1999) in support of his claims that the chancellor made “quantum leaps” to reach “reckless” punitive findings, “revealing a bias leading to an abuse of discretion.” Thomas claims that without any supporting evidence, the chancellor made the following findings of fact: Thomas “set [Kimberly] up”; Thomas “play[ed] Trevor against [Kimberly]”; Thomas “manipulated Trevor’s relationship with [Kimberly]”; Thomas “destroyed Trevor’s true free will” by “staging] things at home”; Thomas “actively interfered with the relationship between [Kimberly] and Trevor”; and Thomas “poisoned Trevor against his mother.” Thomas submits the chancellor erroneously used these incorrect findings to support several of the Albright factors to favor Kimberly, including the factors related to parental skills, moral fitness, preference of the child, and parental interference.

¶ 10. As the Mississippi Supreme Court has stated on numerous occasions, absent an abuse of discretion, an appellate court will uphold a chancellor’s decision. Brekeen v. Brekeen, 880 So.2d 280, 283 (¶ 4) (Miss.2004). This Court will not disturb the factual findings of the chancellor unless the findings are manifestly wrong or clearly erroneous. Jerome v. Stroud, 689 So.2d 755, 757 (Miss.1997). “However, where the chancellor improperly considers and applies the Albright factors, an appel[757]*757late court is obliged to find the chancellor in error.” Hollon v. Hollon, 784 So.2d 943, 946 (¶ 11) (Miss.2001) (citing Stroud, 689 So.2d at 757). We recognize that the supreme court has continuously held that in all child-custody cases the polestar consideration shall remain the best interest and welfare of the child. Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983). The Albright factors, which are used to determine child custody based on the best interest of the child, include:

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99 So. 3d 751, 2012 WL 181430, 2012 Miss. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-watts-missctapp-2012.