Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. Jackson

Court of Appeals of Mississippi

March 19, 2019

WILLIAM DOTIE JACKSON APPELLANT
v.
LORI DUPERIER JACKSON APPELLEE

          DATE OF JUDGMENT: 04/26/2017

          HINDS COUNTY CHANCERY COURT, FIRST JUDICIAL DISTRICT TRIAL JUDGE: HON. DENISE OWENS

          ATTORNEYS FOR APPELLANT: MARTY CRAIG ROBERTSON ROBERT MARVIN PEEBLES MATTHEW STANLEY EASTERLING CAYLAN DEVINE DUNNELLS

          ATTORNEYS FOR APPELLEE: AMANDA JANE PROCTOR WILLIAM R. WRIGHT

         EN BANC.

          GREENLEE, J.

         ¶1. This appeal concerns Dotie and Lori Beth Jackson's custody battle over their two minor children, ADJ and WGJ.[1] Following Dotie and Lori Beth's divorce, Lori Beth was awarded primary physical custody of the children subject to a visitation schedule. Dotie sought modification of this custody award after Lori Beth accused Dotie of abusing WGJ.[2] The chancellor heard evidence concerning Lori Beth's abuse allegations, the Department of Human Services' subsequent investigation, and the well-being of the two children. Based on this evidence and judging the credibility of the witnesses before her, the chancellor found that there had been no material change in circumstances that would adversely impact the children and warrant further consideration of the three-prong test for custody modification. We affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. When Dotie and Lori Beth divorced in July 2012, they agreed Lori Beth would have primary physical custody of their son and daughter, WGJ and ADJ, both born in November 2011. They also agreed that Dotie would have scheduled visitation. On August 25, 2015, Dotie petitioned the Hinds County Chancery Court to find Lori Beth in contempt and to grant him increased access to parenting time with the children. Shortly thereafter, in early September, Lori Beth purchased an educational children's book called "God Made All of Me," which discusses appropriate and inappropriate physical touching. Lori Beth read the book to WGJ repeatedly. Approximately six weeks after the book was purchased, WGJ made several statements to Lori Beth concerning possible inappropriate touching by Dotie. Lori Beth's nanny, Regina Jordan, overhead one of WGJ's statements to Lori Beth. On another occasion, WGJ told his maternal grandmother, Joni Duperier, that his "daddy touches [his] pee pee."

         ¶3. On November 12, 2015, Lori Beth filed a motion for emergency relief alleging that Dotie had abused WGJ and asking that Dotie's visitation rights be temporarily suspended. Lori Beth also sought appointment of a guardian ad litem (GAL) to represent the children's interests. That same day, a report of suspected abuse was made to the Department of Human Services (DHS). One day later, on November 13, 2015, WGJ was subsequently interviewed at a children's advocacy center, and charges against Dotie were filed in the Hinds County Youth Court. Five days later, the youth court charges against Dotie were dropped after DHS's investigation found no abuse on Dotie's part.

         ¶4. On January 4, 2016, Dotie filed an amended petition requesting to modify the children's custody so that he have sole legal and physical custody. Lori Beth filed a counterclaim to modify Dotie's visitation schedule on May 18, 2016.

         ¶5. Between October 3 and 6, 2016, the chancellor heard Dotie's motion for custody modification and Lori Beth's counterclaim to modify visitation. Following trial, the chancellor determined there was no material change in circumstances in the custodial home that would warrant a change in custody. On April 26, 2017, the chancellor entered an order and opinion consistent with her bench ruling. Both Dotie and Lori Beth filed motions to alter, amend and/or clarify the chancellor's April 26 order. On July 27, 2017, the chancellor entered an order resolving the post-trial motions. Dotie has timely appealed.

         STANDARD OF REVIEW

         ¶6. "Our review of a chancellor's child-custody decision is narrow." James v. James, 135 So.3d 188, 191 (¶10) (Miss. Ct. App. 2013). "We will not disturb a chancellor's factual findings unless the chancellor's decision was manifestly wrong or clearly erroneous, or the chancellor applied an improper legal standard." Id. (quoting Wilson v. Wilson, 79 So.3d 551, 560 (¶ 37) (Miss. Ct. App. 2012)). "Nor will we substitute our judgment for the chancellor's, 'even if we disagree with the findings of fact and would arrive at a different conclusion.'" Id. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.