Kennedy v. Kennedy, 39325
| Decision Date | 13 December 1954 |
| Docket Number | No. 39325,39325 |
| Citation | 222 Miss. 469,76 So.2d 375 |
| Parties | Jeauine KENNEDY v. Dan Henry KENNEDY, Sr. |
| Court | Mississippi Supreme Court |
Colin L. Stockdale, V. J. Stricker, Jr., Jackson, for appellant.
W. E. McIntyre, Jr., Brandon, for appellee.
The appellant, Mrs. Jeanine Kennedy, filed suit in the Chancery Court of Rankin County against appellee, Dan Henry Kennedy, Sr., wherein she sought a divorce upon the ground of habitual cruel and inhuman treatment and for the custody of the only child of their marriage, Dan Henry Kennedy, Jr. She also asked for alimony, support money for the child, and attorney's fees. The appellee answered and filed a cross-bill, praying for a divorce and custody of the minor child. From a decree denying appellant a divorce, full custody of the minor child, support for said child, and attorney's fees, the appellant appeals. There is no cross-appeal.
The child, who was born on December 6, 1949, and was less than four years of age when the case was heard, resided with his mother after the separation of the parents in August, 1952. On April 13, 1953, a temporary order was entered permitting appellee to have the minor child one week out of each month. Appellant was employed t a salary of $30 a week and lived with her mother in Jackson, Mississippi. Appellee lived with his parents in Brandon, Mississippi, and according to his testimony, was making $75 a month at the time of the hearing. Upon final hearing on September 23, 1953, the court held that neither the complainant nor the defendant had shown facts that would entitle them to a divorce, and the custody of the child was alternated between the parents each month until further ordered by the court. No support money for the child or attorney's fees were allowed. Costs were assessed equally against the parties.
By alternating the custody of the child between the parents, the court necessarily found that each parent was a fit and suitable person to have the custody of the child, and that each home was a fit and suitable place for the child. We have carefully examined the testimony of the witnesses in this case and can not say that the chancellor was manifestly wrong in denying the divorce, nor that his decision was against the overwhelming weight of the evidence. However, the paramount consideration in awarding the custody of a child is its welfare. We are of the opinion that it is not to the best interest of a young child that it be alternately shifted from parent to parent. It has long been the rule in this State tha the custody of a child of young and tender age should be awarded to the mother where she is living and competent to care for the child.
In the recent case of Boswell v. Pope, 213 Miss. 31, 56 So.2d 1, 3, this Court said: 'Neither father nor mother has any paramount right over the other concerning the custody of a minor, where such custody would not adversely affect the child's welfare. Code of 1942, Sec. 399. The paramount consideration is the child's welfare. And the chancery court has a broad discretion in determining that...
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Mercier v. Mercier, 96-CA-00564-SCT
...(1958); Scott v. Scott, 219 Miss. 614, 631, 69 So.2d 489 (1954) (custody of female five year old granted to mother); Kennedy v. Kennedy, 222 Miss. 469, 76 So.2d 375 (1954) (custody of four year old male granted to mother); Boswell v. Pope, 213 Miss. 31, 56 So.2d 1 (1952) (custody of three y......
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Albright v. Albright, 54289
...been followed in numerous cases since it was first enunciated. Brown v. Brown, 237 Miss. 53, 112 So.2d 556 (1959); Kennedy v. Kennedy, 222 Miss. 469, 76 So.2d 375 (1955); Scott v. Scott, 219 Miss. 614, 69 So.2d 489 (1954); Bland v. Stoudemire, 219 Miss. 526, 69 So.2d 225 (1954); Mitchell v.......
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Brown v. Brown, 41201
...have the benefit of her mother's fulltime, personal care. This is particularly evident where the child is a girl.' In Kennedy v. Kennedy, 1954, 222 Miss. 469, 76 So.2d 375, the mother was denied a divorce, and the trial court alternated custody of their four-year old son between the mother ......
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McCormick v. McCormick, 47423
...of the child. See Holliday v. Huffstickler, 245 So.2d 598 (Miss.1971); Gardner v. Pettit, 192 So.2d 696 (Miss.1966); Kennedy v. Kennedy, 222 Miss. 469, 76 So.2d 375 (1954). However, the provisions in the case at bar allowing the appellee to have custody of the child for two months during th......