OF JUDGMENT: 04/21/2015
DAVIS COUNTY CHANCERY COURT HON. DAVID SHOEMAKE TRIAL JUDGE
COURT ATTORNEYS: MARK A. CHINN S. CHRISTOPHER FARRIS W.
ATTORNEY FOR APPELLANT: MARK A. CHINN
ATTORNEY FOR APPELLEE: S. CHRISTOPHER FARRIS
RANDOLPH, P.J., COLEMAN AND MAXWELL, JJ.
RANDOLPH, PRESIDING JUSTICE.
This matter is before this Court after remand with
instructions for the chancellor to consider certain
statements excluded at trial. Darnell v. Darnell,
167 So.3d 195, 198 (Miss. 2014) (Darnell I). Finding
that the chancellor was not manifestly wrong or clearly
erroneous in granting physical custody to Duff Darnell, we
affirm the amended judgment of the chancellor.
OF FACTS AND PROCEDURAL HISTORY
The facts were summarized in Darnell I and do not
bear repeating. In short, Carla and Duff Darnell were married
in November 2004; had a child, C.D., in 2006; and separated
in September 2010. Carla filed for divorce, and after a
three-day trial, the chancellor awarded physical custody to
Duff. Carla appealed, and this Court remanded to the
chancellor, instructing him to conduct an
Albright analysis anew, considering:
two statements made by C.D. to his daycare teacher and
principal, which prompted them to report the incidents to the
Department of Human Services. The statements were not
hearsay, because they were being offered to show their effect
on C.D.'s teacher and principal, who acted accordingly.
Darnell I, 167 So.3d at 210. On remand, the
chancellor considered the two statements, made new findings
of fact and conclusions of law, conducted a complete
Albright analysis, and specifically addressed why he
disagreed with the guardian ad litem's (GAL's)
recommendations. The chancellor determined that:
it would be in the best interest of the minor child that the
parents share joint legal custody of the child, with the
child to be in the physical custody of Duff Darnell from the
time that school starts in August of 2012, until the school
year ends in May or June of 2013, and for each school year
thereafter until further order of the Court. The mother shall
have standard non-custodial parent visitation, every other