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Sullivan v. Stringer4/20/1999
DATE OF JUDGMENT: 12/12/1997
TRIAL JUDGE: HON. J. LARRY BUFFINGTON
COURT FROM WHICH APPEALED: SIMPSON COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
TRIAL COURT DISPOSITION: CUSTODY OF MINOR CHILD AWARDED TO FATHER
DISPOSITION: REVERSED AND REMANDED-04/20/99
. This is an appeal from an order of the Simpson County Chancery Court changing child custody from the mother to the father. On appeal the mother argues that the chancellor erred in finding a material change in the child's circumstances justifying a change in custody. She also seeks attorney's fees. We find that the chancellor's primary reason for changing custody is not a justification permitted by controlling precedent. Therefore we reverse and remand for further proceedings.
FACTS
. On July 7, 1995, Linda Juawice Stringer Sullivan and Rodney Lane Stringer were granted a divorce on the grounds of irreconcilable differences. By mutual agreement, primary custody of the couple's three-year-old daughter, Hillarie Lane Stringer, was given to the mother, while the father was to have liberal visitation.
. After Rodney Stringer remarried, he filed on March 31, 1997, a petition for modification. The portion of the petition relevant to this appeal requested that primary custody of Hillarie Stringer be granted to Rodney Stringer. Trial was held on October 14, 1997. The court ruled from the bench to transfer custody to Rodney Stringer effective December 25, 1997, at 5:00 p.m.
. Sullivan filed several motions to stay both with the trial court and the supreme court, but each was denied.
DISCUSSION
Issue 1: A material change in circumstances justifying change of custody
. Several witnesses testified as to improper conduct by the mother, Linda Sullivan. These included alcohol abuse at a number of parties, giving alcohol to minors including the minor daughter, offering drugs to minors, making romantic advances towards a teenage boy, physical abuse of the child, staying a couple of nights with one man while having a different live-in male friend, driving while intoxicated, letting the child stay up until early in the morning, threatening suicide, allowing the child to sleep in the bedroom with Linda and a male companion, and having sex with a man while the child was in the bed. The truth of much of this was contested. The chancellor did not make fact-findings as to most of these events.
. The chancellor principally relied in his opinion on the multiple sexual relationships that the mother maintained. It was the existence of those relationships, not any finding that fornication or other sexual activities occurred in view of the daughter (with one possible exception), that underlie his decision. He never found that drug abuse, propositioning a teenager, or many of the scandalous charges were true. In fact, on several occasions the chancellor stated that he believed that the mother was a fit parent. If that is to be taken as a finding, that should mean that the chancellor rejected a large portion of the charges.
. We will accept a chancellor's fact-findings if they are supported by substantial evidence, unless there has been an abuse of discretion or manifest error. In addition, application of an erroneous legal standard to the facts may cause reversal. Cummings v. Benderman, 681 So. 2d 97, 100 (Miss. 1996).
. Regarding abuse of alcohol at a number of parties, the chancellor determined that while Sullivan had on previous occasions consumed too much alcohol, it was neither illegal nor terribly significant to his decision. Neith
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