Thompson v. Hutchinson
2012 Miss. App. LEXIS 164
| Miss. Ct. App. | 2012Background
- Scotty Thompson sought modification of joint legal custody and physical custody of two children; Tammy Thompson Hutchinson remained primary custodial parent.
- An order in 2004 increased Scotty's child-support obligation; Scotty petitioned for custody modification in 2008.
- Guardian ad litem was appointed to investigate potential material changes in circumstances.
- June 7, 2010 hearing featured contested credibility, with Scotty alleging domestic violence and neglectful conduct by Tammy’s household.
- Tony Hutchinson admitted placing his hands near Hayden’s neck leaving a mark; DHS investigated Scotty’s abuse claims and found them unfounded.
- Chancellor granted Tammy Rule 41(b) dismissal for lack of material change and modified Scotty’s visitation schedule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a material change in circumstances warranting modification? | Scotty argued evidence showed patterns of abuse and risk. | Hutchinson argued no credible evidence of material change; witnesses conflicted. | No material change; chancellor within discretion. |
| Did the chancellor err by not making specific findings of fact and conclusions of law? | Scotty claimed missing findings on domestic violence and hair-pulling condition. | Tammy argued bench opinion sufficiently explained decision. | No error; bench opinion adequate. |
Key Cases Cited
- Mabus v. Mabus, 847 So.2d 815 (Miss. 2003) (outlines burden for material change in custody)
- Brumfield v. Brumfield, 49 So.3d 138 (Miss.Ct.App.2010) (single incident of family violence not meeting statute threshold)
- Cox v. Cox, 976 So.2d 869 (Miss. 2008) (Rule 52(a) findings discretionary; bench opinion sufficiency)