Johnny Jerome Edwards v. Nancy Jewel Pierce Edwards
189 So. 3d 1284
| Miss. Ct. App. | 2016Background
- Nancy and Johnny Edwards filed a joint complaint for irreconcilable differences and the chancery court decided custody of their three sons.
- At trial the chancellor awarded primary physical custody to Nancy and granted the parents joint legal custody.
- Prior to trial, the children had lived with each parent at different times; Nancy had physical custody for over a year before the final judgment.
- Johnny challenged the chancellor’s application of the Albright factors, focusing on the continuity-of-care analysis and arguing Nancy’s advantage derived from an allegedly improper Alabama order and denied summer visitation.
- The chancery court found Nancy superior on parenting skills and employment stability (school teacher vs. truck driver) and concluded the children’s best interests favored placement with Nancy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnny preserved appellate issues | Johnny moved for a new trial claiming custody error | Nancy argued issues were procedurally barred for not being raised | Court: Johnny preserved issues via a new-trial motion; sufficiency challenges preserved without posttrial motion when bench-tried |
| Whether chancellor erred in weighing continuity of care (Albright factor) | Johnny: continuity was improperly analyzed; Nancy benefitted from an Alabama temporary order and denied his visitation | Nancy: post-separation care and Mississippi temporary custody supported continuity finding; trial evidence showed Nancy had recent de facto care | Court: No error — chancellor permissibly considered post-separation care; continuity slightly favored Nancy and even if neutral, other factors (parenting, employment) supported custody award to Nancy |
Key Cases Cited
- Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) (establishes the Albright factors for child-custody decisions)
- Copeland v. Copeland, 904 So. 2d 1066 (Miss. 2004) (post-separation care may be considered in continuity analysis)
- Mabus v. Mabus, 847 So. 2d 815 (Miss. 2003) (standard of review for chancery child-custody findings)
- Johnson v. Gray, 859 So. 2d 1006 (Miss. 2003) (chancellor has discretion to weigh Albright factors)
- Reno v. Reno, 176 So. 2d 58 (Miss. 1965) (parent-child relationship is for the child’s benefit, not the parent)