105 So. 3d 1146
Miss. Ct. App.2012Background
- David Bryant Jr. sought custody modification; Rena Bryant underwent rehab and had temporary custody arrangements.
- The 2009 divorce decree awarded joint custody with alternating physical custody and set child support at $400, later increased to $500.
- Rena pled guilty to conspiracy and uttering forgery in 2008; she was placed on non-adjudicated probation with random drug testing.
- Rena tested positive for cocaine and opiates on January 13, 2011, prompting David to file for custody modification on January 18, 2011.
- Rena entered rehabilitation in February 2011; children stayed with Rena’s parents during rehab; trial occurred April 14, 2011.
- The chancellor ruled no material change in circumstances and did not proceed to an Albright analysis; appellate court reversed and remanded for specific findings and Albright analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Material change in circumstances adverse to welfare | Bryant | Bryant | Material change existed; court erred in not conducting Albright analysis. |
| Need for findings of fact and conclusions of law | Bryant sought Rule 52(a) findings | No explicit findings were required for a temporary order | Rule 52(a) required explicit findings and conclusions; remand for specific findings. |
Key Cases Cited
- White v. White, 26 So.3d 342 (Miss.2010) (standard for reviewing custodian modification sufficiency of evidence)
- Johnson v. Gray, 859 So.2d 1006 (Miss.2003) (change in custody requires material change and best interest)
- Weigand v. Houghton, 730 So.2d 581 (Miss.1999) (totality of circumstances in material-change inquiry)
- Sturgis v. Sturgis, 792 So.2d 1020 (Miss.Ct.App.2001) (material-change standard in custody determinations)
- McSwain v. McSwain, 943 So.2d 1288 (Miss.2006) (rehabilitation plus other factors may constitute material change)
- Albright v. Albright, 487 So.2d 1003 (Miss.1983) (polestar is child’s best interest in custody decisions)