Gloria Leake v. Anthony Leake
196 So. 3d 1115
| Miss. Ct. App. | 2016Background
- Anthony and Gloria Leake divorced; final judgment (Oct 2013) awarded sole physical and legal custody of minor child Taylor to Anthony and ordered Gloria to pay child support.
- Gloria filed a motion (Apr 21, 2014) to set aside the divorce judgment, sought contempt findings, modification of custody, and other relief.
- Anthony counterclaimed for contempt, alleging substantial unpaid child-support arrearage and failures to provide requested beneficiary proof.
- Chancellor found Gloria had unclean hands but entered a judgment that effectively cured arrearage-related defects, declined to find Anthony in contempt, and denied Gloria’s request to modify custody for lack of a material change in circumstances.
- Gloria appealed, challenging the unclean-hands finding and the denial of custody modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gloria came into chancery court with unclean hands | Gloria argued the chancellor erred in finding unclean hands | Anthony maintained Gloria’s conduct (including arrearages/failures) supported the finding | Court declined to consider on merits due to Gloria’s failure to cite authority; noted judgment effectively cleansed her hands |
| Whether there was a material change in circumstances to warrant modification of custody | Gloria argued Taylor was denied a good education and sufficient attention (concern about home-schooling) | Anthony showed Taylor had been homeschooled at time of divorce and provided evidence of regular daily contact | No material and adverse change shown; modification denied |
| Whether Anthony was in contempt | Gloria sought contempt against Anthony | Anthony denied contempt and counterclaimed for Gloria’s arrearage and other failures | Chancellor found no evidence Anthony was in contempt; appellate court affirmed |
| Burden of proof for custody modification | Gloria (non-custodial parent) bore burden to prove material change | Anthony argued burden not met | Court affirmed that Gloria failed to meet burden and modification is not warranted |
Key Cases Cited
- Floyd v. Floyd, 949 So. 2d 26 (Miss. 2007) (standard for reversing custody determinations and test for modification)
- Myrick v. Myrick, 122 So. 3d 93 (Miss. Ct. App. 2013) (failure to cite authority precludes appellate consideration)
- Roberts v. Roberts, 110 So. 3d 820 (Miss. Ct. App. 2013) (judgment for arrearage can ‘‘clean’’ a party’s unclean hands)
- Cooper v. Higgins, 187 So. 3d 1088 (Miss. Ct. App. 2016) (non-custodial parent bears burden to prove material change)
- Swartzfager v. Derrick, 942 So. 2d 255 (Miss. Ct. App. 2006) (discussing burden and proof required for modification)