Family Law

Change in custody denied in Mississippi case

By Robert M. Kisselburgh, Esq.

Proof needed in change of custody suit

This week the Mississippi Court of Appeals upheld a DeSoto County chancellor?s denial of a father?s request for change of custody. In Lewis v. Lewis, the mother was granted custody of the couple?s three children when they divorced. Fourteen months later, the father moved for a change of custody. The father had remarried and claimed to have a more stable home environment than his ex-wife. He also thought there were several negative changes at his ex-wife?s since the divorce. The ex-wife?s boyfriend and her youngest son had a physical altercation (the evidence showed he grabbed the boy?s arm once); the son was in counseling; another child was acting out and vandalizing property; and the son was three grade levels behind in school for reading. The father also thought his ex-wife?s boyfriend had a negative influence on the children by spending too much time at her house and making sexual advances towards the mother in the presence of the children. He also alleged that the children spent too much time in their grandmother?s care.

As stated in a previous post, the key in a change of custody is to show a material change in circumstances since the previous custody order which adversely affects the child?s welfare. There is no bright line rule as to what constitutes a material change in circumstances. In this case, a number of factors worked against the father.

Full post as published by Mississippi Family Law Blog on February 08, 2008 (boomark / email).