Jackson v. Jackson
82 So. 3d 644
| Miss. Ct. App. | 2011Background
- Cliff and Charity Jackson, married in 1998, have two daughters aged seven and five at trial.
- The couple sought a divorce on irreconcilable-differences grounds and submitted custody to the chancellor.
- The chancellor awarded joint custody with physical custody alternating between parents on two-week intervals.
- Cliff appeals, arguing the chancellor erred in applying the Albright factors in favor of Charity.
- The court affirmed that both parents were fit and that joint custody was in the best interests of the children.
- Key issues included whether the Albright analysis supported joint custody despite marginal parental advantages and concerns over cooperation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Albright support joint custody? | Jackson argues Charity favored solely by sex; argues for his parenting/moral fitness due to adultery. | Jackson’s minor advantages do not preclude joint custody if best interests are served. | No abuse of discretion; joint custody affirmed. |
| May sex of children influence custody outcome? | Sex of the children should not determine custody outcome, or overly weight Charity's advantage. | Sex is a legitimate factor the chancellor may consider in Albright analysis. | Sex-based weighting permissible; no error in consideration. |
| Should evidence of post-separation adultery affect parenting fitness? | Charity’s adultery undermines moral fitness and parenting capacity. | Adultery did not affect the children and was kept from them; no impact on fitness. | No reversible error; chancellor’s overall fitness assessment preserved. |
Key Cases Cited
- Albright v. Albright, 437 So.2d 1003 (Miss.1983) (polestar standard; considers list of Albright factors)
- Phillips v. Phillips, 45 So.3d 684 (Miss.Ct.App.2010) (Albright factors are a guide, not a formula)
- Lawrence v. Lawrence, 956 So.2d 251 (Miss.Ct.App.2006) (discretion in weighing factors; joint custody permissible)
- Crider v. Crider, 904 So.2d 142 (Miss.2005) (requires willingness to cooperate for joint custody)
- Mosley v. Mosley, 784 So.2d 901 (Miss.2001) (custody decree affirmable if supported by record)
- Yates v. Yates, 284 So.2d 46 (Miss.1973) (precedential support for best-interest standard)