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Beasley v. Scott4/19/2005
actors, the chancellor found the best interest of Victoria would be served by granting primary custody to Katrina. In reviewing the record, we find that the chancellor's decision was supported by the record and, thus, we affirm.
II. DID THE CHANCELLOR ERR IN RULING THAT KARL WAS PRECLUDED FROM CONTESTING PERMANENT PHYSICAL CUSTODY AS A RESULT OF ENTERING INTO AN AGREED ORDER WHICH AWARDED TEMPORARY CUSTODY TO KATRINA?
. In his other issue, Karl argues that the chancellor erred in ruling that Karl was precluded from contesting permanent physical custody as a result of entering into an agreed order which awarded temporary custody to Katrina. Karl states that because he entered into an agreement to allow Katrina temporary custody, then he should not be precluded from seeking permanent custody of Victoria. In his ruling, the chancellor stated that he felt it was important that Karl granted Katrina temporary custody even though Karl claims Katrina is a terrible mother. However, if the chancellor had determined that this temporary order precluded Karl's right to seek permanent custody, then we fail to see why the chancellor would have ordered a trial, heard witnesses, including Karl, and delivered a lengthy final opinion in which he gave detailed findings on each Albright factor. In his opinion the chancellor states on numerous occasions that his job was to determine what was in Victoria's best interest, not whether Karl was precluded from seeking permanent custody. We find no merit to this issue.
. THE JUDGMENT OF THE LEE COUNTY CHANCERY COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES, P.J., IRVING, MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
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