Alderson v. Alderson, No. 2000-CA-01437-COA.
| Court | Court of Appeals of Mississippi |
| Writing for the Court | Before KING, P.J., THOMAS, and MYERS, JJ. |
| Citation | 810 So.2d 627 |
| Docket Number | No. 2000-CA-01437-COA. |
| Decision Date | 12 March 2002 |
| Parties | Carla Alene Bruno ALDERSON, Appellant v. Vettra Glenn ALDERSON, Jr., Appellee. |
810 So.2d 627
Carla Alene Bruno ALDERSON, Appellantv.
Vettra Glenn ALDERSON, Jr., Appellee
No. 2000-CA-01437-COA.
Court of Appeals of Mississippi.
March 12, 2002.
Omar D. Craig, Oxford, attorney for appellee.
Before KING, P.J., THOMAS, and MYERS, JJ.
MYERS, J., for the Court.
¶ 1. Carla Alderson sued Glenn Alderson for divorce and custody of their two children. Glenn Alderson counterclaimed also seeking a divorce and custody of the children. The Aldersons agreed to divorce each other but could not agree on who was to maintain primary custody of the children and this issue was litigated. The chancellor awarded custody of the children to Glenn Alderson. Aggrieved by this decision, Carla Alderson perfected this appeal raising the following issues:
1. WHETHER THE CHANCELLOR ERRED IN AWARDING CUSTODY OF THE MINOR CHILDREN TO GLENN ALDERSON; AND
2. WHETHER THE CHANCELLOR ERRED IN DENYING CARLA ALDERSON'S MOTION FOR RECUSAL.
¶ 2. Additionally, Glenn Alderson raised issues in his brief concerning whether the chancellor erred in failing to award the statutory amount of child support and whether the chancellor erred when he ordered Glenn to pay a portion of the guardian ad litem fees. These issues will be addressed separately at the end of this opinion.
STATEMENT OF FACTS
¶ 3. Glenn and Carla Alderson were married on November 9, 1987. Glenn has a learning disability and works for the City of Oxford while Carla works as a nurse. During the course of the marriage, two children, James Brett and Caroline Marie, were born. Glenn and Carla separated in August of 1999 with Carla suing Glenn for a divorce and custody of their two children. Glenn counterclaimed also seeking
LEGAL ANALYSIS
1. WHETHER THE CHANCELLOR ERRED IN AWARDING CUSTODY OF THE MINOR CHILDREN TO GLENN ALDERSON.
¶ 4. When reviewing a lower court's award of child custody, this Court will only reverse where it is shown that the lower court is "manifestly wrong, clearly erroneous," or it is shown that the chancellor applied an erroneous legal standard. Limbaugh v. Limbaugh, 749 So.2d 1244, 1246 (¶ 9) (Miss.Ct.App.1999). The chancellor's decision must be supported by substantial evidence established by the record of the case. Id. The chancellor must determine "the credibility and weight of evidence." Powell v. Ayars, 792 So.2d 240, 243 (¶ 6) (Miss.2001).
¶ 5. Carla first contends that the evidence presented at trial was...
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Baumann v. Baumann, NO. 2019-CA-01216-COA
...the evidence's weight and credibility. Hall v. Hall , 134 So. 3d 822, 828 (¶21) (Miss. Ct. App. 2014) ; accord Alderson v. Alderson , 810 So. 2d 627, 629 (¶4) (Miss. Ct. App. 2002). An appellate court may not substitute its judgment for the chancellor's. Brewer v. Brewer , 919 So. 2d 135, 1......
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Nicholas v. Nicholas, No. 2001-CA-01982-COA.
...sale of a joint residence...." Weight and credibility of evidence is left to the discretion of the chancery court. Alderson v. Alderson, 810 So.2d 627(¶ 4) (Miss.Ct.App.2002). Given this Court's standard of review, this assertion of error is without IV. STATUTORY PENALTY ¶ 24. Because we af......
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Norman v. Norman, No. 2005-CA-00882-COA.
...of the child by an analysis of the factors set out in Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983); Alderson v. Alderson, 810 So.2d 627, 629(¶ 5) (Miss.Ct.App.2002). It is reversible error if the chancellor does not articulate the reasoning behind the finding for each Albright fac......
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Norman v. Norman, No. 2005-CA-00882-COA (Miss. App. 10/10/2006), No. 2005-CA-00882-COA.
...factors relevant to the parent-child relationship. Albright v. Albright, 437 So. 2d 1003, 1005 (¶14) (Miss. 1983). Alderson v. Alderson, 810 So. 2d 627, 629 (¶5) (Miss. Ct. App. ¶7. In the case at bar, Dewayne correctly asserts that "a chancellor's failure to make specific findings as to ea......
-
Baumann v. Baumann, NO. 2019-CA-01216-COA
...the evidence's weight and credibility. Hall v. Hall , 134 So. 3d 822, 828 (¶21) (Miss. Ct. App. 2014) ; accord Alderson v. Alderson , 810 So. 2d 627, 629 (¶4) (Miss. Ct. App. 2002). An appellate court may not substitute its judgment for the chancellor's. Brewer v. Brewer , 919 So. 2d 135, 1......
-
Nicholas v. Nicholas, No. 2001-CA-01982-COA.
...sale of a joint residence...." Weight and credibility of evidence is left to the discretion of the chancery court. Alderson v. Alderson, 810 So.2d 627(¶ 4) (Miss.Ct.App.2002). Given this Court's standard of review, this assertion of error is without IV. STATUTORY PENALTY ¶ 24. Because we af......
-
Norman v. Norman, No. 2005-CA-00882-COA.
...of the child by an analysis of the factors set out in Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983); Alderson v. Alderson, 810 So.2d 627, 629(¶ 5) (Miss.Ct.App.2002). It is reversible error if the chancellor does not articulate the reasoning behind the finding for each Albright fac......
-
Norman v. Norman, No. 2005-CA-00882-COA (Miss. App. 10/10/2006), No. 2005-CA-00882-COA.
...factors relevant to the parent-child relationship. Albright v. Albright, 437 So. 2d 1003, 1005 (¶14) (Miss. 1983). Alderson v. Alderson, 810 So. 2d 627, 629 (¶5) (Miss. Ct. App. ¶7. In the case at bar, Dewayne correctly asserts that "a chancellor's failure to make specific findings as to ea......