Clark v. Clark
126 So. 3d 122
| Miss. Ct. App. | 2013Background
- Douglas and Brittany Clark divorced by chancery court; they agreed to joint legal custody but left physical custody for the court to decide.
- Temporary orders and prior agreed orders had alternately granted joint and full physical custody to each parent at different times; Brayden (born 2008) lives with parents who provide care and financial support.
- At trial the chancellor applied the Albright factors, found most factors neutral and two favoring Douglas, but concluded custody had to go to one parent and awarded primary physical custody to Brittany with liberal visitation and child support from Douglas.
- Douglas appealed, arguing (1) misapplication of the Albright factors and (2) the chancery court erred by not awarding joint physical custody under Easley v. Easley.
- The appellate court found the chancery court may have believed it lacked authority to award joint physical custody in an irreconcilable-differences divorce and remanded for reconsideration of whether joint physical custody is proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chancellor misapplied Albright factors when denying Douglas physical custody | Douglas: Albright factors favor him (some factors neutral, two favor Douglas); court erred in awarding Brittany custody | Brittany: Best-interests analysis supports her as primary custodian given testimony and stability | Not addressed on merits — appellate court declined to decide because resolution turned on joint-custody issue; remanded for reconsideration |
| Whether court erred by failing to award joint physical custody in irreconcilable-differences divorce | Douglas: Easley requires chancery courts to consider and may award joint physical custody even if divorce is on irreconcilable differences; parties consented to court determination | Brittany: (implicit) court awarded sole custody as permitted and found it was in child’s best interest | Reversed and remanded: chancery court may have wrongly believed it could not award joint physical custody; court must reconsider custody including whether parents can cooperate for joint physical custody |
Key Cases Cited
- Easley v. Easley, 91 So.3d 639 (Miss. Ct. App. 2012) (chancery court may not refuse to consider joint physical custody solely because divorce is irreconcilable differences)
- Crider v. Crider, 904 So.2d 142 (Miss. 2005) (chancellor must determine parents’ ability to cooperate before awarding joint custody)
- Albright v. Albright, 437 So.2d 1003 (Miss. 1983) (sets factors for child-custody best-interest analysis)