Reed v. Fair
2010 Miss. App. LEXIS 662
Miss. Ct. App.2010Background
- M.T.F. lived with his great-grandmother Irene Daniels for about 12 years before father Marvin Fair sought custody.
- Mother Theresa Reed challenges the award by claiming a modification standard should have applied due to her de facto custodianship.
- There was no prior custody determination; Fair had paid child support since 1999.
- Molestation allegations at Daniels’ home involving Daniels’ grandson were raised; McIntosh was indicted but not convicted at hearing.
- Chancellor conducted an Albright-factor analysis and awarded both legal and physical custody to Fair.
- Reed appeals arguing misapplication of the standard and improper Albright analysis; the court affirms the chancellor’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard applied for custody | Reed argues modification standard should apply | Fair/Chancellor applied initial custody standard | Initial custody standard applied; no prior order existed |
| Albright analysis | Reed claims Albright analysis was flawed | Chancellor properly weighed Albright factors | Court upholds the Albright analysis and custody award |
Key Cases Cited
- Brown v. Crum, 30 So.3d 1254 (Miss.Ct.App.2010) (supports best-interest standard in initial custody)
- Law v. Page, 618 So.2d 96 (Miss.1993) (identifies Albright-based standard for initial custody)
- Romans v. Fulgham, 939 So.2d 849 (Miss.Ct.App.2006) (modification standard considerations in de facto delay context)
- Albright v. Albright, 437 So.2d 1003 (Miss.1983) (polestar: best interest; Albright factors guide custody decisions)
- Tucker v. Prisock, 791 So.2d 190 (Miss.2001) (de novo review of legal interpretation; standard application nuances)
- S.B. v. LAW., 793 So.2d 656 (Miss.Ct.App.2001) (Albright factors and custody standards in specific contexts)
- C.W.L. v. R.A., 919 So.2d 267 (Miss.Ct.App.2005) (Albright multi-factor analysis in custody)