Rolison v. Rolison
105 So. 3d 1136
| Miss. Ct. App. | 2012Background
- Gary and Alisa Rolison divorced after twenty years on grounds of Alisa's adultery.
- Custody awarded to Gary; Alisa appeals the chancellor's custody ruling.
- GAL recommended oldest child to Alisa and the three younger to Gary; DHS made the same recommendation.
- Oldest child is a seventeen-year-old with behavioral problems; chancellor rejected the expressed preference and recommendations.
- Alisa raises four challenges: failure to apply family-violence presumption, disregard of GAL/DHS recommendations, failure to explain the older children's preference, and punishment for adultery.
- Chancellor's decision affirmed as within discretion and supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| History of family violence presumption applied? | Alisa argues the presumption should have applied against Gary. | Rolison argues the presumption was not triggered; judge did not abuse discretion. | Presumption not triggered; decision affirmed. |
| GAL/DHS recommendations followed? | Alisa says chancellor ignored expert recommendations. | Rolison says chancellor explained deviation from recommendations. | Chancellor discussed reasons for deviation; no reversible error. |
| Explaining child preference? | Alisa asserts the chancellor failed to explain why the older child's wishes were not honored. | Rolison notes written explanation of reasons for not honoring preference. | Court properly explained reasons for not following the preference. |
| Punishment for adultery? | Alisa claims decision punished her for adultery due to record error. | Court corrected record; issue meritless. | Issue deemed meritless; affirmed. |
Key Cases Cited
- J.P. v. S.V.B., 987 So.2d 975 (Miss. 2008) (requires written findings and addresses each factor to rebut the presumption)
- Thompson v. Hutchinson, 84 So.3d 840 (Miss. Ct. App. 2012) (discusses Albright factors and standard of custody review)
- Floyd v. Floyd, 949 So.2d 26 (Miss. 2007) (properly discuss reasons for departing from guardian and DHS recommendations)
- Albright v. Albright, 437 So.2d 1003 (Miss. 1983) (Albright factors guiding custody analysis)