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Rayner v. Sims

Court of Appeals of Mississippi

October 17, 2017

SARAH MCKENZIE RAYNER APPELLANT
v.
CHANCE D. SIMS APPELLEE

          DATE OF JUDGMENT: 01/08/2016

         JONES COUNTY CHANCERY COURT, HON. FRANKLIN C. MCKENZIE JR. JUDGE

          ATTORNEY FOR APPELLANT: S. CHRISTOPHER FARRIS

          ATTORNEY FOR APPELLEE: NANCY E. STEEN

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          GRIFFIS, P.J.

         ¶1. Sarah McKenzie Rayner ("Mackie") appeals the chancellor's award of joint physical custody, his consideration of the Albright factors, and his computation of child support. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Mackie and Chance Sims are the natural parents of Frances, a female child born in November 2013.[1] Mackie and Chance dated, but never married. They briefly lived together following the birth of Frances.[2]

         ¶3. Chance filed a "complaint for adjudication of paternity and for custody and other matters, " wherein he requested custody of Frances or, alternatively, that the parties have joint custody. Mackie filed an answer and requested physical custody of Frances. Mackie further requested that Chance have "restricted" visitation rights, limited to "the daytime only and supervised by a suitable person."

         ¶4. On May 8, 2015, the chancellor entered a temporary order, which provided Chance with scheduled visitation, including overnight visitation, with Frances. The parties subsequently engaged in discovery.

         ¶5. Following a trial on November 17, 2015, the chancellor awarded the parties joint legal and "shared" physical custody of Frances. Specifically, the chancellor ordered that Chance would have physical custody of Frances three days/nights per week, and Mackie would have physical custody of Frances four days/nights per week. Additionally, the chancellor ordered the parties to pay child support "based upon 14 percent of each party's adjusted-gross income" and "in proportion to their periods of shared custody and their incomes."

         ¶6. Mackie filed a motion to reconsider, which the chancellor denied. Mackie now appeals and argues: (1) the chancellor erroneously granted the parties joint physical custody of Frances, (2) the chancellor erroneously failed to consider all of the Albright factors and ignored the fact that the factors favored her, and (3) the chancellor erroneously computed the child-support obligation of each party.

         STANDARD OF REVIEW

         ¶7. A chancellor's factual findings "will not be disturbed unless [he] was manifestly wrong, clearly erroneous, or applied an erroneous legal standard." Blakely v. Blakely, 88 So.3d 798, 801 (¶3) (Miss. Ct. App. 2012). Questions of law, however, are reviewed de novo. Id. "As long as substantial evidence supports the chancellor's findings, [we are] without authority to disturb them, even if [we] would have found otherwise as an original matter." Id. "Additionally, if the chancellor has made no specific ...


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