Lambes v. Lambes
| Decision Date | 15 February 2022 |
| Docket Number | 2020-CA-00095-COA |
| Parties | ANGELA LAMBES APPELLANT v. ERIC LAMBES APPELLEE |
| Court | Mississippi Court of Appeals |
ATTORNEY FOR APPELLANT
JULIET LAWSON JOWETT
ATTORNEY FOR APPELLEE
G. CHARLES BORDIS IV
BEFORE BARNES, C.J., GREENLEE AND SMITH, JJ.
¶1. After almost three years of marriage, Eric and Angela Lambes filed competing claims for divorce based on habitual cruel and inhuman treatment or, alternatively, irreconcilable differences. The couple had two minor children born of the marriage. The Jackson County Chancery Court initially awarded temporary physical custody of the children to Angela. After a hearing in 2017, the court modified the temporary custody order, allowing each parent to have the children on a rotating week-on/week-off basis. In November 2018, the court granted Eric temporary physical custody of the children, with Angela to receive visitation. This ruling was in accordance with the recommendation by the guardian ad litem (GAL) assigned to the proceedings.
¶2. After contentious litigation spanning almost five years, the chancery court bifurcated the trial and granted Angela a divorce on the ground of habitual cruel and inhuman treatment on May 23, 2019. Between June 2019 and October 2019, a trial was held on the remaining issues of child custody and support. In the final judgment, the chancery court awarded Eric sole physical custody of the children, with Angela to receive liberal visitation.
¶3. Angela appeals from the judgment, arguing that (1) the chancery court's custody ruling was not supported by credible evidence, (2) Eric should not have been granted sole physical custody of the children due to his confessed habitual cruel and inhuman treatment toward Angela, and (3) the GAL made material misrepresentations in her report.[1] Finding no error, we affirm the chancery court's judgment.
¶4. Eric and Angela were married on December 31 2011.[2] Two children were born of the marriage "Adam" was born in 2012, and "James" was born in 2014.[3] The couple's relationship was turbulent, and they separated on or about August 3, 2014 after Eric allegedly assaulted Angela. On August 6, 2014, the Jackson County Justice Court issued Angela an "Ex Parte Emergency Domestic Abuse Protection Order" against Eric. The order noted that a hearing was to be held on August 18. By the hearing date, Eric had retained counsel, and the court continued the hearing until August 25, by which time Angela had retained counsel for herself. Angela's counsel allegedly advised her not to press charges, and the chancery court dismissed her petition for a protective order without prejudice on August 25, 2014, "on motion of the Petitioner[.]"
¶5. On August 22, 2014, Eric filed a complaint for divorce on the ground of habitual cruel and inhuman treatment or, alternatively, irreconcilable differences. In his complaint, Eric requested "the sole care, custody and control of the minor children." Angela answered the complaint and asserted a counterclaim, seeking a divorce on the ground of habitual cruel and inhuman treatment or, alternatively, irreconcilable differences. The counterclaim alleged that Eric had exhibited violent behavior-e.g., choking Angela when she was pregnant, striking her "with a closed fist," pinning her down on the sofa while she was holding James, punching walls and doors, and threatening physical harm to her and her family in the children's presence. Some of these alleged incidents were documented in a Jackson County Sheriff's Report dated August 5, which was attached as an exhibit to her counterclaim. Angela also sought "primary physical[] care, custody and control of the minor children."
¶6. Between 2014 and 2016, the chancery court granted numerous continuances, and Angela obtained new counsel in 2015. On August 19, 2016, the chancery court appointed Lauren Sonnier as the GAL. The court entered a temporary order on October 21, 2016, awarding joint legal custody of the children to both parents and sole physical custody to Angela, with Eric being allowed visitation as agreed upon by the parties. Trial was set for February 10, 2017.
¶7. The GAL filed her initial report with the chancery court on January 27, 2017. Angela reported to the GAL that Eric had "punched walls and doors in [Angela's] mother's house" and had "kicked her out of the house a couple of times while she was pregnant with [James]." The GAL further noted Angela's concern when the children are with Eric, claiming they came "back far more aggressive" after staying with him and had "scratches on their face[s]." The GAL, however, found that the children were "healthy with no medical concerns," attending daycare, and "appear to be happy, average little boys in play and appearance." It was also noted that Adam "sees a therapist."
¶8. Eric was unaware the boys were seeing a counselor. Eric was "requesting full custody because he and Angela cannot communicate amicably and she called DHS on 'them' and that makes him question her mental health." The GAL further reported that "[Eric] says [Angela] has snapped on him and there is nothing to stop that," and he is concerned she is "bi-polar." The GAL felt that "a lot of the resentment is based on the DHS claims."
¶9. The GAL interviewed Michelle Allen, the children's counselor. Allen stated that the children did not make negative comments about their father. She did note a scratch on one of the children's legs but found nothing unusual about it. Although Adam had claimed Eric locked him outside one night, Allen said Adam did not seem fearful of Eric. Allen expressed concern about comments made by Angela's mother, Debra Skinner, about Eric's mother. While Allen agreed that Eric had treated Angela badly, she did "not know of a legal reason why Dad should not be involved in the children's life." She further noted that while she was treating Adam, he began acting more "violently."
¶10. The GAL also interviewed Debra, who provided the GAL with a notebook she had compiled. This notebook contained photos of the children, "a chronology entitled 'abuse history,' a copy of a 2014 sheriff's report of assault" and the domestic abuse order, "pictures of holes punched in doors/walls, text messages detailing concerns over Eric's behavior, . . . descriptions of boys' behavior after visits with father, [and] multiple pages on dealing with a narcissist." We note that the court's record also contains an email that Debra sent the GAL on January 27, 2017, asserting that Adam had two incidents of bowel incontinence and had "cried continuously" after visitation with Eric and his parents. She alleged in the email, Adam's medical records, however, indicate that he was only seen by his pediatrician during this time period for a respiratory illness and flu symptoms.
¶11. Finding three of the Albright factors[4] favored Angela, the GAL recommended that physical custody remain with Angela, with Eric to receive "reasonable visitation." She also felt that the parties should communicate "without grandparent involvement."
¶12. During preliminary discussions at a February 2017 hearing Angela accused Eric of abusing the children. When pressed by the chancellor for specific instances of abuse, however, Angela merely insisted that the children were "being brainwashed" and were "scared to go" to Eric's house. Eric's attorney informed the court that there was a pending motion for Angela to submit to a mental evaluation because there had been some concern "about her mental state." A letter from Eric's attorney sent to Angela's former attorney was entered into evidence, which stated that Angela had visited Eric at his place of employment on September 9, 2014, "distraught and crying." The letter further alleged she "began loudly discussing the divorce" while holding Adam and was asked to leave by management. She continued to "caus[e] a scene" in the parking lot.
¶13. Eric expressed "significant concern[]" about Angela's mental health in his testimony, recounting an instance where she threw "a fit" in the car and began punching and yelling for him to let her out. This behavior was in response to a comment Eric made that she should "self-evalu[ate]" why she had issues with other women in their church. He also testified that Angela was upset on another occasion and called his mother a "f-ing bitch . . . a whore, things of that nature." Eric acknowledged that he and Angela "had many physical altercations," but claimed he was simply defending himself. Eric said their attempt at marriage counseling was unsuccessful.
¶14. Robert Lambes, Eric's father and a retired schoolteacher, testified that Angela and Eric had lived with him and his wife for a period of time. After an incident where Angela allegedly called his wife names and threw a set of keys at his head, he asked the couple to move out. Like Eric, Robert expressed concern for Angela's mental stability. He noted that on one occasion when he and his wife brought the children home, Angela went "into a rage" and hit his wife with a shirt, knocking off her glasses. Robert also averred that Angela and her mother had "an unnatural hatred for my wife." Robert did acknowledge that Angela "loves those kids and she wants to nurture them to the best of her ability."
¶15. Angela testified that she had to take the children to the doctor constantly, specifically noting that after one week with Eric, one of the boys had impetigo. She said...
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