Tidmore v. Tidmore
114 So. 3d 753
| Miss. Ct. App. | 2013Background
- Nicole Tidmore and Michael Tidmore married in 2003 and had twins in 2004; they separated in 2006 and divorced in 2008, with joint physical and legal custody and a rotating weekly custody schedule plus extended visitation for the noncustodial parent.
- In 2010 Michael petitioned for contempt, modification of custody, and temporary relief seeking sole physical and legal custody with Nicole’s visitation; he alleged material changes in circumstances.
- Nicole answered in 2010, counter-petitioned for sole physical and legal custody, and alleged abuse by Michael, requesting a guardian ad litem (GAL).
- The court appointed a GAL and stayed proceedings pending DHS investigation; Nicole was required to provide outlines of alleged abuse.
- In 2011, after trial, the chancery court awarded Nicole sole physical and legal custody, awarded Michael visitation, and ordered Nicole to pay Michael’s attorney’s fees and GAL fees.
- The same order awarded Michael’s fees for contempt and defense against unsubstantiated abuse allegations, but the appellate court later reversed the total fee amount and remanded for apportionment of fees related to contempt and baseless abuse defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney’s fees—awarded in contempt and abuse defenses | Tidmore argues fees should be limited to contempt-related work | Tidmore contends fees were proper for contempt and defense against abuse claims | Fees partially improper; remanded for allocation between contempt/abuse defenses |
| Modification of custody | Michael argues for sole custody due to material change in circumstances | Nicole argues against modification, urging stability and best interests aligning with Albright factors | Custody modification affirmed in favor of Nicole |
| Standard visitation | Michael contends the schedule is insufficient | Nicole argues the schedule complies with best interests | Standard visitation affirmed as not an abuse of discretion |
Key Cases Cited
- Wilson v. Wilson, 79 So.3d 551 (Miss. Ct. App. 2012) (deferential standard for factual findings in domestic cases)
- Mixon v. Sharp, 853 So.2d 834 (Miss. Ct. App. 2003) (attorney’s fees not normally awarded in custody modifications; contempt awards exception)
- Durr v. Durr, 912 So.2d 1033 (Miss. Ct. App. 2005) (attorney’s fees permitted for contempt to compensate for noncompliance)
- Patterson v. Patterson, 20 So.3d 65 (Miss. Ct. App. 2009) (fees permissible for contempt and defense without McKee factors)
- Jernigan v. Jernigan, 830 So.2d 651 (Miss. Ct. App. 2002) (context for weighing unsubstantiated abuse allegations)