Blakely v. Blakely
88 So. 3d 798
| Miss. Ct. App. | 2012Background
- George and Teena Blakely obtained an irreconcilable differences divorce in Grenada County Chancery Court.
- They have two children: Kurt, age 10, and Kayla, age 19 at trial.
- Kayla was awarded custody to George by agreement; Kurt was awarded to Teena after a one-day trial.
- Chancellor denied Kayla’s child support and college expenses; George appeals challenging the Albright analysis.
- Issues submitted included Kayla’s support/education and Kurt’s custody; the court affirmed the denial and custody ruling.
- Court applied Mississippi Albright factors and substantial-evidence standard; affirmed chancellor’s findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Kayla’s support and college expenses were properly denied? | Blakely argues for support/education; waiver unclear, but denial unsupported. | Blakely asserts support/education addressed; chancellor correctly denied based on Kayla’s conduct. | Denied; chancellor within discretion to deny. |
| Custody of Kurt under Albright factors favored Teena? | George contends chancellor misapplied Albright to favor Teena. | Chancellor weighed factors; Teena had superior caregiving capacity; George alienated Kurt. | Affirmed; chancellor’s Albright analysis supported by substantial evidence. |
Key Cases Cited
- Hambrick v. Prestwood, 382 So.2d 474 (Miss. 1980) (duty to support college-age child depends on conduct and relationship)
- Caldwell v. Caldwell, 579 So.2d 543 (Miss. 1991) (age-based threshold; conduct must be clear and extreme to surrender support rights)
- Albright v. Albright, 437 So.2d 1003 (Miss. 1983) (best interests govern; Adultery may influence moral fitness but not determinative)
- Powell v. Ayars, 792 So.2d 240 (Miss. 2001) (Albright factors are not a strict mathematical formula)
- Weeks v. Weeks, 989 So.2d 408 (Miss. Ct. App. 2008) (Albright factors guide but do not require weight to a single factor)
- Jerome v. Stroud, 689 So.2d 755 (Miss. 1997) (consideration of continuity of care in custody decisions)
- Carr v. Carr, 480 So.2d 1120 (Miss. 1985) (adultery may affect moral fitness but not decisive)
- Brekeen v. Brekeen, 880 So.2d 280 (Miss. 2004) (marital fault should not sanction custody decisions)