Williams v. Williams, 93-CA-00624-SCT

• Decision Date: 08 June 1995
• Docket Number: No. 93-CA-00624-SCT,93-CA-00624-SCT
• Citation: 656 So.2d 325
• Parties: James R. WILLIAMS, Jr. v. Sandra WILLIAMS.
• Court: Mississippi Supreme Court

Page 325

656 So.2d 325

James R. WILLIAMS, Jr. v. Sandra WILLIAMS.

No. 93-CA-00624-SCT.

Supreme Court of Mississippi.

June 8, 1995.

Lisa B. Milner, Young, Scanlon & Sessums, Jackson, for appellant.

William R. Wright, Wright Law Firm, Jackson, for appellee.

ON PETITION FOR REHEARING

En Banc.

PRATHER, Presiding Justice, for the Court:

We grant this petition for rehearing. The original opinions are withdrawn and this opinion is substituted therefor.

I. INTRODUCTION

This case concerns child custody. James R. Williams, Jr. (James) has appealed this case from the Chancery Court of Rankin County, vesting permanent primary child custody with the wife, Sandra Williams (Sandra). In addition, the court awarded a divorce to James on the grounds of Sandra's adultery and to Sandra on the grounds of James' habitual cruel and inhuman treatment.

James appealed the ruling to this Court, asserting the following errors:

1) WAS THE AWARD OF CUSTODY TO SANDRA WILLIAMS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE, BASED UPON THE SAME TESTIMONY ON WHICH THE CHANCELLOR AND THE SPECIAL MASTER BASED THEIR PREVIOUS DECISIONS TO AWARD CUSTODY TO JAMES WILLIAMS?

2) DID THE CHANCELLOR ERR IN ADJUDICATING THE PATERNAL GRANDMOTHER'S RIGHTS OF VISITATION WITHOUT NOTICE TO THE GRANDMOTHER, WHO WAS NOT A PARTY?

3) DID THE CHANCELLOR ERR IN ADMITTING INTO EVIDENCE TESTIMONY AND REPORTS PROCURED THROUGH A MEDICAL WAIVER FROM JAMES, NOT SUPPORTED BY CONSIDERATION, AND NOT VOLUNTARILY AND INTELLIGENTLY MADE, AND WHICH WAS FURTHER REVOKED?

4) DID THE CHANCELLOR ERR IN RESTRICTING THE TESTIMONY OF A SOCIAL WORKER WITH THE DEPARTMENT OF HUMAN SERVICES, AND DID THE LOWER COURT ERR IN REFUSING TO CONSIDER CERTAIN YOUTH COURT RECORDS WHICH ALLEGEDLY FOUND THE MOTHER'S CLAIMS OF ABUSE BY THE FATHER TO BE UNSUBSTANTIATED?

5) DID THE CHANCELLOR ERR IN REFUSING TO INTERVIEW THE CHILDREN AT A CERTAIN POINT AT THE TRIAL, WITH REFERENCE TO STATEMENTS MADE BY THE FATHER TO THE CHILDREN?

6) WAS THE AWARD OF DIVORCE TO SANDRA ON THE GROUNDS OF CRUEL AND INHUMAN TREATMENT

AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE?

II. STATEMENT OF THE FACTS

James married Sandra in January 1982. Two children were born during the marriage, James III, in 1985, and Rebecca, in 1986. Several incidents arose involving the children during the marriage. James destroyed one of the children's toys when his 18-month-old son accidentally damaged a tomato plant. James characterized this action as a visual lesson, and as something he read in child psychology book. Sandra asserted that James had also destroyed two of Rebecca's toys for a similar infraction.

James stated that he used corporal punishment in the past for his children lying or doing dangerous activities by using a paddle on the buttocks.

James stated that in the past the children would be taken to Sandra's mother when both parents were working at 5:00 A.M. Later when Sandra went to work at 3:00 A.M., Hope, Sandra's daughter, would stay with the children to get them to school the next morning. James stated that Sandra did not object to James' mother, Bobbie Williams, babysitting.

Sandra stated that tensions had been great shortly before James' leaving. Sandra described James as violent. He had punched holes in the wall, stating that it was better to hit the wall than Sandra's face. He also choked Sandra in front of the children, and later pushed her against a wall. Sandra also stated that James had pointed a pistol at her face, stating that he came to use the pistol, but would probably go to jail. Sandra stated that she was afraid of him after these incidents. Sandra admitted to actively participating in arguments with James.

James stated that Sandra had avoided him during the marriage. James left the home in June 1991. On October 15, 1991, they filed a joint complaint for divorce. James agreed that Sandra would have custody of the children.

However, Sandra had an affair with a fellow postal worker, on October 26, 1991. Sandra asserted that James had told her the marriage was over when she signed the documents. Sandra attempted to define what she did with her male friend as an accident, not adultery, but James' lawyer confronted her with her admission of adultery, as given in her answers to interrogatories.

James asserted that learning of Sandra's adultery made him change his mind as to whom should have primary custody of the children. James' complaints about Hope's care in getting the children to school led to him taking the children from Sandra in November 1991.

James then withdrew his agreement for an irreconcilable divorce and filed for divorce against Sandra, alleging cruel and inhuman treatment and adultery. He requested permanent and temporary child custody on November 22, 1991. Chancellor Clapp appointed Thomas Zebert as Family Master, with power to hear issues of child custody.

Several facts were presented during the first emergency relief hearing. Sandra testified that she had been depressed, and the children could sense it. James testified that the children seemed nervous and unwilling to visit their mother. James testified that Sandra screamed at and slapped the children.

During James' custody, James' mother would care for the children from seven in the evening until the morning, when the children went to school. However, Sandra described James' mother as violent, discussing an incident in which James' mother fired a gun in the parking lot of the workplace of James' father.

Oleta Mason, Sandra's mother, testified at the first emergency hearing. Oleta stated that James had called her at work, advising her of Sandra's abortion, infidelity, and describing Sandra as "trash." Oleta also testified that she had observed one of the children being coached by James' mother to state falsehoods against Sandra.

Bobbie Williams, James' mother, testified. She denied coaching the children against Sandra. Master Zebert interviewed both children and on December 10, 1991, placed temporary custody in the father with visitation rights in Sandra. Master Zebert also requested counseling with reports from the psychologists to follow. Chancellor Clapp approved this arrangement on February 3, 1992.

Sandra filed her answer on January 29, 1992, to James' complaint for divorce, admitting adultery, and alleging cruel and inhuman treatment by James. She also requested permanent child custody. Several days later, Sandra filed an objection to the Family Master granting child custody to James. The chancellor affirmed the Family Master regarding custody issues.

Dr. Charlton Stanley prepared his counseling report on May 21, 1992, based on an "at length" examination of both James and Sandra. Dr. Stanley found James to be manipulative and self-centered. As for James' mother, James had reported his mother was a psychiatric patient, who had attempted suicide in the past. Dr. Stanley found Sandra to be normal in terms of her psychological makeup, although not a perfect mother. Dr. Stanley found the mother to "probably" be a better parent with which to place the children.

Dr. William Beattie, a clinical psychologist assigned to the children's counseling, found the children to be manipulated and dominated by James and his mother, Bobbie Williams. Although Dr. Beattie found that Sandra was unskilled at parenting and that Sandra was more willing to learn those skills than James. Dr. Beattie recommended placement of the children with Sandra. Given the grandmother's psychiatric state, he also recommended that visitations with James' mother be supervised.

Sandra made another emergency motion to remove the children from James' custody on July 17, 1992. The chancellor heard testimony, both expert and laywitness, of abuse of the children in the father's custody and of the father's lack of parenting skills. Additionally, evidence was presented that James' mother, who was assisting in child care, had been a psychiatric patient herself.

The chancellor ruled to deny the motion, but ordered that the children would either stay with the father or be placed in a foster home of the mother's choosing.

The final hearing for divorce began on September 9, 1992. The first witness called was Shelby Stewart, James III's teacher. She testified that James III was an above average student, making As and Bs, scoring in the 99th percentile in standardized testing.

On adverse examination, as part of James' case, Sandra stipulated as to her act of adultery. Sandra admitted the children were well-behaved and intelligent, even under James' care. Sandra stated that during the marriage itself, Hope and Sandra's parents assisted in child care and in getting them ready for school. Sandra also stated that she and James both did housecleaning.

Dr. Edward Manning, a clinical psychologist, testified that he gave the Minnesota Multiphasic Personality Inventory (MMPI) to James himself, and that the results showed a normal personality. Dr. Manning testified that the children also appeared to be psychologically normal, although concerned about the divorce. Dr. Manning stated that James had the willingness and capacity to provide child care. Dr. Manning did note that James talked negatively about Sandra in his discussions. Dr. Manning observed one instance of coaching the children by James but later stated that he thought the children had not been coached.

James testified that in counseling with Dr. Stanley, which was ordered by Master Zebert, he did not know that he was the subject of psychoanalysis. James stated that he was upset and angry when he took the MMPI for Dr. Stanley. James denied talking negatively about Sandra to the children, but asserted that Sandra had talked negatively about him. James stated that the toy destroying lessons had occurred. James testified that the children are bright and well-behaved and that James III is in the gifted program.

James also testified that Sandra had told the children not to do well in school, because their success...