Tabatha Kalmon v. Brent Kalmon
221 So. 3d 1058
| Miss. Ct. App. | 2017Background
- Tabatha and Brent Kalmon married in 2010 and had one son (b. Aug 2011); they separated in Aug 2013.
- Brent filed for divorce in Nov 2013; parties consented to divorce on irreconcilable differences in 2015; remaining issues (custody, support, visitation, property) tried to the chancery court.
- Temporary joint custody during proceedings; chancery court ultimately awarded Brent physical custody, joint legal custody, reasonable visitation for Tabatha, and ordered Tabatha to pay $447/month child support.
- Key contested facts: Tabatha had a brief extramarital affair and sent nude photos; she attempted suicide/overdosed in Nov 2013 and received counseling; a video showed an incident where the child was unbuckled and Tabatha was driving and allegedly using a phone.
- On appeal Tabatha challenged the chancery court’s findings on three Albright factors (moral fitness; parenting skills; physical/mental health and age) and sought reversal and custody.
Issues
| Issue | Tabatha's Argument | Brent's Argument | Held |
|---|---|---|---|
| Parenting skills (Albright factor) | Incident was isolated; chancellor overstated its significance | Video and testimony show child unbuckled and texting while driving — undermines credibility | Court upheld chancery court: factor favored Brent based on video and credibility findings |
| Physical & mental health and age (Albright factor) | Suicide attempt was remote, counseling completed, not disqualifying | Suicide attempt demonstrated greater risk/instability; Brent had no comparable history | Court affirmed that this factor favored Brent given Tabatha’s overdose and mental-health history |
| Moral fitness (Albright factor) | Extramarital affair is a marital matter, child not exposed to paramour | Adultery, continued contact, nude photos, and lack of ongoing counseling show poor moral fitness | Court held moral fitness favored Brent (adultery and related conduct considered, not given undue weight but relevant) |
| Overall custody award | Requests reversal and award of physical custody to Tabatha | Supports chancery court awarding physical custody to Brent as best interest of child | Court affirmed chancery court’s custody decision; findings supported by substantial evidence |
Key Cases Cited
- Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) (sets custodial best-interest factors for Mississippi chancery courts)
- Mitchell v. Mitchell, 180 So. 3d 810 (Miss. Ct. App. 2015) (appellate review standard for chancery court findings under Albright)
- Hollon v. Hollon, 784 So. 2d 943 (Miss. 2001) (discusses appellate deference to chancery court custody findings)
- White v. White, 166 So. 3d 574 (Miss. Ct. App. 2015) (adultery relevant to moral fitness but should not be unduly weighted)
- Blakely v. Blakely, 88 So. 3d 798 (Miss. Ct. App. 2012) (addresses use of marital fault within moral-fitness analysis)