Joint Custody Outside of Divorce

November 14, 2017 § Leave a comment

We all know that the chancellor may award joint physical custody in an irreconcilable-differences divorce, but what about when the natural parents have never been married to each other and they are before the court in a custody dispute? May the chancellor award joint custody?

That was one of the issues before the COA in the case of Roberts v. Eads, handed down October 10, 2017. In that case, Lauren Roberts sued Tyler Eads for custody and support of their son, Thomas. Tyler counterclaimed for custody, sole or joint. The chancellor granted them joint physical and legal custody, and Lauren appealed. The COA affirmed. Judge Carlton wrote for a unanimous court:

¶22. In addition to challenging the chancellor’s application of the Albright factors, Lauren claims that the chancellor’s award of joint physical custody violates Easley v. Easley, 91 So. 3d 639 (Miss. Ct. App. 2012), and Mississippi Code Annotated section 93-5-24(2) (Rev. 2013).

¶23. In Easley, the chancellor granted the parties an irreconcilable-differences divorce. Easley, 91 So. 3d at 640 (¶1). Section 93-5-24(2) provides that joint custody may be awarded in an irreconcilable-differences divorce “in the discretion of the court, upon application of both parents.” Following a trial in Easley, “the chancellor determined that joint physical custody was in the children’s best interest, but he erroneously concluded that the statute did not allow it to be awarded unless both parties expressly presented joint custody for consideration.” Easley, 91 So. 3d at 640 (¶1). The chancellor therefore awarded sole custody of the parties’ children to the father while granting the mother visitation. Id. On appeal, this Court concluded that, “after finding joint custody to be in the children’s best interest, the chancellor’s award of custody to one parent was an error of law.” Id. at (¶2). We therefore reversed the chancellor’s judgment and remanded the case so the chancellor could apply the proper legal standard. Id.

¶24. Upon review of the present case, we find no merit to Lauren’s claim that the chancellor’s award of joint physical custody violated either section 93-5-24(2) or our holding in Easley. As stated, section 93-5-24(2) provides a chancellor with the discretion to grant joint custody in an irreconcilable-differences divorce. However, the present case involves no such divorce since the parties were never married. We further note that section 93-5-24(3) provides a chancellor with the discretion to award joint custody “[i]n other cases . . . upon application of one or both parents.” As the record here reflects, in responding to Lauren’s custody petition, Tyler requested sole custody or, in the alternative, joint custody.  Furthermore, after considering the Albright factors, the chancellor determined that joint legal and physical custody served Thomas’s best interest. [Fn omitted] As Easley recognized, a chancellor may grant joint custody, even where both parties do not present the issue, if such an arrangement
is in the child’s best interest. See Easley, 91 So. 3d at 640 (¶1). We therefore find no merit to Lauren’s assertion that the chancellor’s judgment violated Mississippi statutory law and caselaw.

¶25. The chancellor’s judgment is affirmed.

That’s something you might be able to put to good use.

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