Cantin v. Cantin
78 So. 3d 943
| Miss. Ct. App. | 2012Background
- Cantin divorced Becky in 2004; Becky awarded primary custody with Joseph having standard visitation and paying $380/month child support.
- Zoie Elizabeth Cantin (born 2001) resided with Becky; Zoie diagnosed with adjustment disorder and ADHD; Becky and Zoie attended counseling; Joseph rarely participated.
- Becky sought increased child support and supervised visitation in 2009; Joseph sought contempt and custody modification.
- Chancery Court held in 2009/2010 that no material change in circumstances warranted custody modification, increased child support to $680, and six-month supervised visitation for Joseph.
- June 2010 review extended supervised visitation due to Joseph’s towboat captain schedule and planned unsupervised visitation after six months; standard visitation reinstated June 2011.
- Joseph appeals asserting error in supervision of visitation and in findings of no material change in circumstances; Mississippi Court of Appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether supervised visitation was error based on Holmberg's testimony | Cantin argues Holmberg's testimony was tainted and unreliable | Cantin contends the court properly weighed credibility; testimony supported supervision | No reversible error; court properly assessed credibility and extended supervision. |
| Whether there was a material change in circumstances warranting custody modification | Cantin claims Becky’s health and household dynamics changed Zoie’s best interests | Cantin fails to show material change affecting Zoie’s welfare | No material change; custody denial affirmed and existing arrangement sustained. |
Key Cases Cited
- Bolton v. Bolton, 63 So.3d 600 (Miss.Ct.App.2011) (standard for affirming factual findings if supported by substantial evidence)
- In re Estate of Taylor v. Thompson, 609 So.2d 390 (Miss.1992) (credibility of witnesses within chancellor’s prerogative)
- Minter v. Minter, 29 So.3d 840 (Miss.Ct.App.2009) (material change in circumstances analysis requires totality of the circumstances)
- Mabus v. Mabus, 847 So.2d 815 (Miss.2003) (totality-of-circumstances approach in custody determinations)
- Self v. Lewis, 64 So.3d 578 (Miss.Ct.App.2011) (parental relationships or indiscretions alone not a material change)
- Gainey v. Edington, 24 So.3d 333 (Miss.Ct.App.2009) (adverse change requires clear danger to child’s health or welfare)
- Lambert v. Lambert, 872 So.2d 679 (Miss.Ct.App.2003) (stability and health considerations in custody decisions)
- Ferguson v. Ferguson, 782 So.2d 181 (Miss.Ct.App.2001) (best interests standard governs custodial decisions)