Croney v. Solangi

• Decision Date: 20 July 2021
• Docket Number: NO. 2019-CA-00905-COA,2019-CA-00905-COA
• Parties: Kacey CRONEY Appellant, v. Tashfeen SOLANGI Appellee.
• Court: Mississippi Court of Appeals

328 So.3d 749

Kacey CRONEY Appellant,

v.Tashfeen SOLANGI Appellee.

NO. 2019-CA-00905-COA

Court of Appeals of Mississippi.

July 20, 2021

Rehearing Denied October 26, 2021

ATTORNEY FOR APPELLANT: NANCY E. STEEN, Hattiesburg

ATTORNEYS FOR APPELLEE: JEFFREY BIRL RIMES RENEE M. PORTER, Jackson SARAH-LINDSEY HAMMONS, Ridgeland

BEFORE CARLTON, P.J., LAWRENCE AND SMITH, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. Kacey Croney and Tashfeen (Tash) Solangi never married but had a romantic relationship, and C.S.¹ was born in October 2004. This ongoing custody battle between Kacey and Tash began in 2009, when C.S. was four years old. In 2010, Kacey was awarded physical custody of C.S. This Court affirmed the chancery court's custody order in Solangi v. Croney , 118 So. 3d 173 (Miss. Ct. App. 2013).² On July 31, 2015, Tash filed a complaint for custody modification. At that point, C.S. was ten years of age. Following a trial, the chancery court denied Tash's request for custody. On March 8, 2018, Tash filed an amended complaint for custody modification, which is the subject of this appeal. At the time of that custody trial, C.S. was thirteen years old. At the completion of trial, the chancellor, relying on Riley v. Doerner , 677 So. 2d 740 (Miss. 1996), granted Tash's request for custody modification. Kacey appeals and argues that the chancery court applied an erroneous legal standard and therefore committed manifest error in awarding Tash custody of C.S. Finding no error, we affirm the chancery court's judgment.

FACTS AND PROCEDURAL HISTORY

¶2. Kacey and Tash worked together at the Stennis Space Center and became romantically involved but never married. C.S. was born in October 2004. At that time, Kacey lived in Picayune, Mississippi, and Tash lived in Long Beach, Mississippi. C.S. lived with Kacey in Picayune, but Tash visited "extensively." Solangi , 118 So. 3d at 175 (¶2). Tash also helped financially support C.S.

¶3. In 2009, Tash filed a suit against Kacey to legally establish paternity and secure custody of C.S. The court held a trial in 2010 and ultimately entered an order of paternity and found it was in C.S.'s best interest to remain in Kacey's physical custody. The court further ordered that both parties share legal custody of C.S., and the court awarded Tash liberal visitation. On appeal, this Court affirmed the chancery court's custody ruling. Solangi , 118 So. 3d at 180 (¶33).

¶4. After Kacey was awarded custody of C.S., her relationship with Tash continued to deteriorate. On July 31, 2015, Tash filed a complaint for custody modification. Judge Johnny Williams presided over the trial, which was held on November 1, 2016. On November 10, 2016, the court entered an order denying Tash's request to modify custody. The court did award Tash an extra week of visitation in the summer so that C.S. could attend a boy scout summer camp. Finally, the court ordered Tash, Kacey, and C.S. to attend family counseling in hopes that they all could improve their relationships with one another. On April 3, 2017, the court appointed Amanda Heitmuller to counsel C.S. The court also ordered Heitmuller to report her findings to the court within sixty days.

¶5. On July 24, 2017, Tash filed another motion to modify custody, citing the court-appointed counselor's report and custody recommendation as a material change in circumstances.³ Tash noted that in her report, Heitmuller stated that C.S. suffered from anxiety and that C.S. wanted to live with his father. Tash also cited Heitmuller's recommendation that Tash be awarded physical custody and that Kacey be granted liberal visitation. On August 17, 2017, the court appointed a guardian ad litem (GAL) "to represent the best interest of [C.S.], to investigate and ascertain the facts, and make a recommendation to [the court] as to what is in the best interest of the minor child." In addition, the court entered an order on September 1, 2017, requiring C.S. to continue his counseling sessions with Heitmuller. After his investigation, the GAL found that C.S.'s increased anxiety and depression was a material change in circumstances that adversely affected C.S. The GAL also noted C.S.'s strong desire to live with Tash and opined that it would be in C.S.'s best interest to live with Tash.

¶6. On March 8, 2018, Tash filed an amended complaint for custody modification citing the GAL's report as additional support for a change in custody. Tash also claimed that Kacey continued to interfere with his relationship with C.S. and alienate him from C.S. He referred to a previous order entered by the court in January 2018 involving a dispute about Tash's access to C.S. during school hours. The order specifically held that Tash "should be allowed to have lunch with the minor child and to attend and/or participate in any event that would be available to other parents." Tash claimed that despite the court order, Kacey continued to interfere with Tash's ability to see C.S. at school.

¶7. On March 19, 2018, Counselor Heitmuller sent a letter to Judge Williams regarding her sessions with C.S. She stated that C.S. "has consistently pleaded to speak with the Judge in his chambers" and that his "strong desire to be heard has not diminished." Further, she stated that "[i]f any assessment has been noted and observed, it is that the child has become more clinically depressed, with an increased loss of hope due to this case continuing on and [C.S.] feeling like no one cares what his best interests are."

¶8. On April 5, 2018, Judge Williams recused from the case, and the case was reassigned to Judge Rhea Sheldon.⁴ A trial was held on June 12, 2018, and June 29, 2018. Before the trial, Judge Sheldon met with C.S. in camera at C.S.'s request. C.S. was thirteen years old at the time of trial. C.S. testified that he wanted to live with his father but that he still wanted to see his mother. He explained that in his current situation he felt "shut out" from his father, and he did not want to be kept from his mother if she lost custody. C.S. stated that his father was helping him with extracurricular activities, like basketball and boy scouts, and that they took many trips together. When Judge Sheldon asked C.S. about Counselor Heitmuller, he said he liked her and that she had been helping him with his anxiety. C.S. testified that he was "frustrated" with the "court situation" because "it's just been going on for so long [and] nothing has happened." He also stated that he thought about the court case "a lot" and that it caused him stress. Judge Sheldon asked him how the court could help, and he replied, "[the counselor] helps me because I talk to her about it. And she makes me feel less stressed."

¶9. Several other witnesses testified at trial, including Kacey, Tash, Counselor Heitmuller, and the GAL. At the time of trial, Kacey still worked at the Stennis Center, and she and Tash worked on the same floor. She testified that she and C.S. had a "very good relationship." On the contrary, she stated that Tash and C.S. had an "unhealthy" relationship partly because Tash tried to control C.S. Kacey testified that C.S. was doing well overall except for his anxiety and "situational depression" around "court events." She also testified that she had no concerns about C.S.'s current situation. When asked about C.S.'s preference to live with Tash, Kacey claimed that Tash "strongly pressured" C.S. to state that preference. Kacey also testified about her abilities as a parent. She stated that her work schedule allowed her to cook breakfast for C.S. in the mornings, take him to school, and be home with him in the evenings. Kacey also stated that she loved both her children⁵ and was a responsible mother. She testified that she and C.S. liked to "walk" and "play" together. Kacey admitted that Tash provided a suitable home for C.S., but she had concerns about Tash and his parenting. In addition, she denied ever attempting to limit Tash's time with C.S.

¶10. Tash testified that he was employed as the chief engineer for Naval Oceanography Operations Command at the Stennis Space Center. He stated that if he were awarded custody, he could adjust his work schedule because he worked a flex schedule and made his own hours. In regard to his relationship with C.S., he stated they were a "team" and that they made decisions together. Tash also stated that he and C.S. had a good father/son relationship. Tash discussed some of the activities C.S. participated in under his supervision, such as taekwondo, basketball, boy scouts, and Pokémon⁶ tournaments. Tash stated that, as a scout master, he was able to directly participate in boy scouts with C.S. As for the Pokémon tournaments, Tash took C.S. to the tournaments on the weekends he had visitation. Contrary to Kacey's testimony, Tash testified that Kacey did try to limit his access to C.S. and that she refused to modify the visitation schedule or allow him any extra time with C.S. For example, Tash claimed that Kacey only let him call C.S. on Tuesdays and Thursdays for fifteen minutes in accordance with a previous court order even though he wanted to talk to C.S. more often. Tash also referred to his claim in his 2018 amended complaint that Kacey interfered with his access to C.S. at school. Nevertheless, Tash testified that he thought Kacey was a loving and caring woman and that he wanted C.S. to have a strong relationship with her.

¶11. Tash also expressed his concern about C.S.'s anxiety. He testified that since November 2016, C.S. had gotten "both physically and mentally worse." Tash stated that C.S. had been suffering panic attacks and even had to go to the emergency room once after he had a panic attack on the way to school. He claimed C.S. had the panic attack because he was anxious about going back to Kacey's house for the week.

¶12. Counselor Heitmuller testified that she had met with C.S. over forty times in the past year. She described him as "highly intelligent," "above average," "kindhearted," and "warm spirited."...