Jackson v. Jackson, 031919 MSCA, 2017-CA-01077-COA

Docket Nº:2017-CA-01077-COA
Opinion Judge:GREENLEE, J.
Party Name:WILLIAM DOTIE JACKSON APPELLANT v. LORI DUPERIER JACKSON APPELLEE
Attorney:ATTORNEYS FOR APPELLANT: MARTY CRAIG ROBERTSON ROBERT MARVIN PEEBLES MATTHEW STANLEY EASTERLING CAYLAN DEVINE DUNNELLS ATTORNEYS FOR APPELLEE: AMANDA JANE PROCTOR WILLIAM R. WRIGHT
Judge Panel:BARNES, C. J, CARLTON AND J WILSON, PJJ, WESTBROOKS, TINDELL, McDONALD, LAWRENCE, McCARTY AND C WILSON, JJ, CONCUR
Case Date:March 19, 2019
Court:Court of Appeals of Mississippi
 
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WILLIAM DOTIE JACKSON APPELLANT

v.

LORI DUPERIER JACKSON APPELLEE

No. 2017-CA-01077-COA

Court of Appeals of Mississippi

March 19, 2019

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...

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