OF JUDGMENT: 01/26/2017
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
IRVING, P.J., GREENLEE AND TINDELL, JJ.
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. On appeal, Angela argues the chancellor
erred in his Albrightanalysis. Finding no manifest
error in the chancellor's judgment, we affirm.
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.
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. The chancellor denied the motion on March
14, 2017. Angela timely appealed.
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
Chancellor's Albright Findings
On appeal, Angela argues the chancellor's decision
resulted from an erroneous analysis of the Albright
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 (¶11) (Miss. 2011). In
determining the child's ...