Articles Posted in Family Law
Long v. Vitkauskas
December 5, 2019 by Justia
In 1988, Douglas Long, Jr. married Catherine A. Long. After the couple divorced, Douglas, a Mississippi resident, sued Pennsylvania resident David Vitkauskas, alleging alienation of affections. Douglas claimed that Vitkauskas's wrongful and adulterous actions irreparably injured his marriage with Catherine. Douglas alleged that Vitkauskas's intentional, wrongful conduct proximately caused his divorce. Vitkauskas responded with a motion to dismiss for lack of personal jurisdiction. The trial court granted Vitkauskas's motion and dismissed Douglas's complaint. Douglas appealed, arguing that the trial court erred by finding that Vitkauskas was not subject to personal jurisdiction and, alternatively, by refusing to allow limited discovery pertaining to personal jurisdiction. Finding no error, the Mississippi Supreme Court affirmed. View "Long v. Vitkauskas" on Justia Law
Posted in: Civil Procedure, Family Law
Alexis v. Black
November 21, 2019 by Justia
Nadia Alexis appealed a chancellor's dismissal of her petition for domestic-abuse protection order and his assessment of the filing fee to her. Because sufficient evidence was not presented to support the issuance of a final domestic-abuse protection order, the trial court's judgment was affirmed. View "Alexis v. Black" on Justia Law
Garner v. Garner
April Garner appealed a chancellor's custody modification, awarding custody of her minor child to the child's uncle, awarding grandparent visitation to the child's step-grandfather, finding of contempt, and assessing various fees and costs. Because the Mississippi Supreme Court found the chancellor properly modified custody and found April in contempt, but lacked the authority to award grandparent visitation to a step-grandparent, it affirmed in part and reversed in part and remanded for further proceedings. View "Garner v. Garner" on Justia Law
Posted in: Family Law
Ballard v. Ballard
The Mississippi Supreme Court remanded this case for further proceedings to determine child custody. On remand, the chancery court awarded custody of the children to the father. Aggrieved, the mother appealed, arguing that the instructions given by the Mississippi Supreme Court were simply to review the determination of the mother's fitness without the hearsay evidence, not to conduct a new trial on custody. Finding that the chancellor was not manifestly wrong or clearly erroneous in granting custody of the three minor children to the father, the Supreme Court affirmed. View "Ballard v. Ballard" on Justia Law
Latham v. Latham
Michele and Roger Latham divorced in 2016. In 2017, Michele filed a petition for contempt against Roger, claiming that he had failed to comply with the divorce judgment. After a hearing, the chancellor found Roger in constructive criminal contempt for failing to comply with several terms of the divorce judgment. Roger appealed, arguing that the chancellor erred because he did not recuse himself before finding Roger in constructive criminal contempt. Because Roger raised the argument for the first time on appeal, the Mississippi Supreme Court considered it waived. Accordingly, the chancellor's judgment was affirmed. View "Latham v. Latham" on Justia Law
Williams v. Williams
Brent and Tracy Williams were granted an irreconcilable-differences divorce, and the chancellor resolved the issues upon which the parties could not agree. At issue in the direct appeal was: (1) whether the chancellor erred by not providing Tracy a set visitation schedule with their teenage son; (2) whether the chancellor erred in requiring Tracy to pay child support; (3) whether the chancellor erred in the valuation of the Williams's business interests; and (4) whether the chancellor erred in finding an airplane and a boat to be marital property. On cross-appeal, the issue was whether the chancellor erred by not ordering Tracy to make monthly payments to Brent on his $1 million judgment award. Finding no merit to the assignments of error on appeal or cross-appeal, the Mississippi Supreme Court affirmed the chancery court. View "Williams v. Williams" on Justia Law
Gerty v. Gerty
In September 2013, the Gertys filed a joint complaint for an irreconcilable-differences divorce. The joint complaint sat with the Chancery Court for almost two years, during which the parties cooperated with each other and faithfully abided by the Property Settlement Agreement ("PSA"), which was filed contemporaneously with the joint complaint. The PSA provided that Michael would have physical custody of the couple's minor child. Michael was required to move to the Great Lakes area to fulfill a three-year military commitment when Joesie agreed that their son would move with Michael. Joesie made the decision not to move to the Great Lakes area, instead, moving into her paramour's mother's house. For approximately two years, Michael and their son lived apart from Joesie. In January of 2015, Michael informed Joesie that reconciliation was impossible and that he wanted her to sign and finalize the divorce papers. Joesie, upon the advice of her attorney, surreptitiously told Michael that she also was ready to complete the irreconcilable-differences divorce. Based on the advice of her counsel, Joesie waited until her summer visitation had begun pursuant to the PSA and until her son was physically in Mississippi before withdrawing her consent to an irreconcilable-differences divorce. Joesie and Michael then filed separate complaints for divorce on the ground of adultery, inter alia, and alternatively sought an irreconcilable-differences divorce. The chancellor entered a final judgment and decreed that a divorce should be granted, but that neither party was entitled to a fault-based divorce. She found that Joesie had failed to establish adultery. She found that Michael had proved adultery because Joesie had admitted it, but that Michael had condoned Joesie's adulterous conduct. Then the chancellor sua sponte declared the statutory scheme under Mississippi Code Section 93-5-2 (Rev. 2013) unconstitutional and granted an irreconcilable-differences divorce. Joesie was granted custody of their child. After final judgment was entered, Michael, Joesie and the State asked for reconsideration because no party had asked for, pleaded, argued, or offered proof on the unconstitutionality of the statute. The chancellor significantly amended her earlier final judgment, increasing Joesie's award to include a percent of Michael's military-retirement benefit and reducing the noncustodial parent's summer visitation from three months, as provided in the PSA, to one month, contrary to the PSA and the chancellor's original final judgment. The State appealed the chancellor's adjudication of 93-5-2 as unconstitutional. Michael appealed the trial court's adjudication of 93-5-2 as unconstitutional; (2) failing to award Michael a divorce on the ground of adultery; (3) reducing Michael's summer visitation; (4) awarding Joesie a portion of Michael's retirement benefits; and (5) awarding custody to Joesie. The Mississippi Supreme Court affirmed the chancellor's finding regarding custody and child support, but reversed the remaining judgment and remanded the case for further proceedings. View "Gerty v. Gerty" on Justia Law
Posted in: Civil Procedure, Constitutional Law, Family Law
Cummins v. Goolsby
October 18, 2018 by Justia
Dr. Christopher Cummins, married man who was separated but not divorced from his wife, began a romantic relationship with one of his employees, Leah Jordan Goolsby (Jordan). The two began living together, had a child, and became engaged to one another. Cummins never divorced his wife. and he and Jordan never married. Jordan eventually ended their relationship and kept the engagement ring and wedding ring he gave her. When Jordan filed a paternity suit for child-support payments for their child, Cummins counterclaimed for the rings, which together were worth $11,435. Alternatively, he argued that if Jordan was awarded the rings, their value should be deducted from any child-support obligation. The chancellor awarded the rings to Jordan, finding the rings were not a conditional gift, because the condition of marriage was not met, since Cummins had remained married to his wife. The chancellor certified the ruling on the ring issue as final, and Cummins appealed. After review, the Mississippi Supreme Court agreed the fatal fact to Cummins's claim was his marriage to another woman: because Dr. Cummins could not legally marry at the time he gave the engagement rings, he could not argue to a court of equity that he was entitled to get the rings back, since the condition of marriage never took place. Because Cummins has no right to recover the rings due to his unclean hands, the Supreme Court affirmed. View "Cummins v. Goolsby" on Justia Law
In the Interest of E.K.
E.K. was adjudicated as a neglected child. Elizabeth A. King and Timothy King were E.K.'s parents; he was born 2001. With a history of ADHD, epilepsy, autism, mental disability and obsessive, compulsive disorder (OCD), E.K. functioned on the level of a two-year-old. Elizabeth and Timothy had been separated for two weeks at the time of the initial investigation in this case. They had been divorced for four years in the past before having remarried. In December 2015, the Mississippi Department of Human Services Division of Family and Children's Services ("DHS") was contacted by law enforcement officials about Elizabeth and E.K. Law enforcement officers on the scene were concerned that Elizabeth was high on drugs, due to her repetitive 911 calls. According to an investigative report prepared by DHS, Elizabeth secured a protective order against Timothy and changed the locks to her residence. Last, the report noted that DHS was ordered by the Marion County Youth Court "to open prevention case to monitor to [sic] safety in the home." DHS ultimately directed a formal petition to adjudicate E.K. as a neglected child be entered. First, E.K. was adjudicated neglected even though her mother was not properly before the youth court and her father received no notice of the adjudication hearing. Second, after review, the Mississippi Supreme Court found that the neglect petition was legally insufficient to provide notice to E.K. or her parents of the neglect charges. Third, the evidence offered to support a finding of neglect at the adjudication hearing was legally insufficient. As such, the Supreme Court vacated the youth court's adjudication order and rendered judgment in favor of E.K. and her parents. View "In the Interest of E.K." on Justia Law
Posted in: Family Law, Government & Administrative Law