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Myers v. Myers

Court of Appeals of Mississippi

October 9, 2018

ANGELA MARIE MYERS APPELLANT
v.
THOMAS LAVON MYERS APPELLEE

          DATE OF JUDGMENT: 01/26/2017

          COURT FROM WHICH APPEALED: JONES COUNTY CHANCERY COURT, SECOND JUDICIAL DISTRICT TRIAL JUDGE: HON. FRANKLIN C. MCKENZIE JR.

          ATTORNEY FOR APPELLANT: BARRON CRUZ GRAY

          ATTORNEYS FOR APPELLEE: RISHER GRANTHAM CAVES TERRY L. CAVES

          BEFORE IRVING, P.J., GREENLEE AND TINDELL, JJ.

          GREENLEE, J.

         ¶1. Angela Myers appeals the Jones County Chancery Court's award of the physical custody of her nine-year-old son, STM, and four-year-old daughter, AEM, to her ex-husband, Thomas "Tommy" Myers.[1] On appeal, Angela argues the chancellor erred in his Albright[2]analysis. Finding no manifest error in the chancellor's judgment, we affirm.

         BACKGROUND

         ¶2. On April 21, 2016, Tommy filed for divorce on the ground of adultery and requested custody of their two children. A bifurcated trial on the merits was held on November 16, 2016. Following trial, the court granted Tommy a divorce on the ground of adultery. A second trial was held on the remaining issues before the court. On January 5, 2017, the chancellor entered his findings of fact and conclusions of law, awarding Tommy physical custody of the two children and ordering Angela to pay Tommy child support.

         ¶3. On January 26, 2017, the chancellor entered his final judgment granting Tommy a divorce from Angela on the ground of adultery. Tommy was awarded full physical custody, with Angela being awarded visitation rights and both parties being awarded joint legal custody. On February 6, 2017, Angela filed a motion for a new trial or to amend the judgment under Rule 59 of the Mississippi Rules of Civil Procedure.[3] The chancellor denied the motion on March 14, 2017. Angela timely appealed.

         STANDARD OF REVIEW

         ¶4. Our standard of review concerning child custody is limited. C.W.L. v. R.A., 919 So.2d 267, 270 (¶8) (Miss. Ct. App. 2005). On appeal, we will only reverse a chancellor's child-custody decision when the chancellor is manifestly wrong or applied an erroneous legal standard. We will affirm a chancellor's factual findings when they are supported by substantial evidence in the record. Lowrey v. Lowrey, 25 So.3d 274, 294-95 (¶51) (Miss. 2009). However, "[a] chancellor's conclusions of law are reviewed de novo." Id. at 285 (¶26).

         DISCUSSION

         The Chancellor's Albright Findings

         ¶5. On appeal, Angela argues the chancellor's decision resulted from an erroneous analysis of the Albright factors.

         ¶6. The polestar consideration in all child custody cases is the best interest and welfare of the children. D.M. v. D.R., 62 So.3d 920, 923 (ΒΆ11) (Miss. 2011). In determining the child's ...


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