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Beasley v. Scott4/19/2005
s after Victoria's birth for post-partum depression, but Katrina had not taken any for some time. The chancellor weighed this factor equally between Katrina and Karl. We find that the record supports this finding.
Emotional Ties of the Parent and Child
. There was ample testimony of the close emotional bond between Katrina and Victoria. According to the record, the only testimony of the emotional bond between Karl and Victoria was that she called him 'daddy' and that Karl was good at disciplining her. The chancellor found this factor weighed in favor of Katrina, and we find so as well.
Moral Fitness of the Parents
. There was ample testimony that Katrina drinks alcohol and occasionally smokes marijuana. However, there was no testimony that Katrina ever did these things in front of Victoria. Katrina lived with her boyfriend at one point and has had relationships, platonic and otherwise, with men of dubious character. In February 2002, Katrina pled guilty to a DUI. On the other hand, Karl testified that, although he drank alcohol in the past, he has not imbibed since marrying Michelle. The chancellor found Karl to be more morally fit than Katrina, and we find that the record supports this finding.
The Home, School and Community Record of the Child
.Victoria is not currently in school, nor does she have any community involvement. Victoria has been in the same day care for two and a half years while in Katrina's custody. If Victoria was in Karl's custody, she would also be placed in day care a majority of the time. The chancellor noted the day care situation and found this factor to be equal between Katrina and Karl. We find the record supports this determination.
The Preference of the Child at the Age Sufficient to Express a Preference
. As Victoria is only four years old, the chancellor found that this factor was inapplicable, and we find the same.
Stability of the Home Environment and Employment of Each Parent
. As previously noted, Katrina's home and job history are unstable. There were allegations that Katrina is not competent as a housekeeper. On the other hand, Karl has a stable job. Karl owns his own home and pays his bills on time. The chancellor found this factor to favor Karl, and we find ample support in the record to support the chancellor's determination.
Other Factors Relevant to the Parent-Child Relationship
.In discussing this factor, the chancellor made several points. First, the chancellor found a stable influence in Karl's parents marriage of over thirty years. Karl's parents visit regularly. The chancellor noted that Karl and Michelle have both been divorced twice and that DHS had been investigating them because of some allegations involving Michelle's children from a previous marriage. The chancellor also stated that he was impressed with the testimony of Katrina's mother, Betty Saxon. Ms. Saxon is very involved in Victoria's life, helping baby-sit and taking her to church. There was testimony that Katrina used foul language on occasion and the chancellor cautioned her to cease speaking in such a manner, especially in front of Victoria.
. Lastly, the chancellor noted that in the agreed temporary ordered entered into by the parties temporary custody was given to Katrina. The chancellor found this important because Karl agreed to this arrangement after many of the incidents relating to Katrina's employment and character occurred. Karl knew that Katrina had already moved seven times and been involved with various men before he agreed to give her temporary custody of Victoria.
. After weighing all the f
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