Link for opinion: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20MSCO%2020121023356.xml&docbase=CSLWAR3-2007-CURR
Title: Mississippi: Appeals Court Holds that Father is Not Entitled to Change in Child Custody or Decrease in Child Support
The Mississippi Court of Appeals held in Goolsby v. Crane , No. 2011-CA-01596-COA (Miss. Ct. App. 2012) that the father of the two children was not entitled to a change in child custody or a decrease in the child support.
The father of the minor children had petitioned the district court for a change in the child custody arrangement. The children's mother fought that it was not in the best interest of the children for a change in child custody to take place and petitioned the court to increase the child support because of the children’s increased needs and asked the court to modify the visitation agreement.
Angela and Michael were divorced on April 25, 2007. At that time they agreed to shared joint legal custody and with Angela having primary physical custody. The agreement granted Michael visitation on alternating weekends. When Michael did not have weekend visitation, he was allowed to pick the children up from school on Monday afternoon and return them to school on Wednesday morning.
After 6 to 8 months they both deviated from that agreement. They changed Michael's weekday visitation to Wednesday afternoon to Friday morning instead of Monday through Wednesday.
In court Angela and Michaels oldest daughter (13 years old) testified that she did not like the current visitation schedule making her go back and forth during the week. She told the court that she was struggling in math and her step father was the one that helped her with it. With her getting older she also wanted to be with her mom because of female changes that were occurring. She told the court that she would like to go to her dad’s just every other weekend. It was also brought up that both children had activities that conflicted with the visitation schedule.
Angela filed a petition with the court on June 8, 2010 to change child support. Michael paid $400 a month for child support. Angela was requesting that the child support increase because of the material change in circumstances. The family master increased the child support to $671 a month and to pay $250 in attorney fees.
On November 24, 2010, Michael filed his response and a counter-petition to modify the final judgment. He requested for the child support to be decreased. Then he filed a petition to modify the custody arrangement. He wanted it to be modified so it would grant both Angela and Michael joint physical custody.
The Chancellor found that there wasn’t any reason to modify the custody arrangement because the current arrangement did not adversely affect the children. The Chancellor did find it necessary to change the visitation schedule because the current visitation schedule did not work for the children and was not in their best interest. The chancellor granted Michael visitation every other weekend on the first, third, and fifth weekends of every month. Also, Michael received six weeks of visitation in the summer and alternating spring and fall breaks. The chancellor modified Michael's child support obligations to $651.23 a month. The Chancellor also made it so that Michael didn’t have to pay for half of the children’s activities anymore.
The Mississippi Supreme Court affirmed the judgment of the Desoto County Chancery Court. All costs of this appeal are to be paid by Michael Goolsby.
Labels for the post: child custody, father, mother, child support, visitation
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