Sunday, December 8, 2013

Mississippi Court of Appeals Awards Primary Physical Custody of Child to Mother...BY: ALESHA Q.

Link for opinion: https://a.next.westlaw.com/Document/I00e2b3c043cd11e2a531ef6793d44951/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad6040b00000140bb31fee3d9df0b3a%3FNav%3DCASE%26fragmentIdentifier%3DI00e2b3c043cd11e2a531ef6793d44951%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=ac865e4e8083c057e8724cf027d07cfc&list=CASE&rank=5&grading=na&sessionScopeId=f81d85088ee7bdcdef4c713c99c209ab&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29 Title: Mississippi Court of Appeals Awards Primary Physical Custody of Child to Mother The Mississippi Court of Appeals held in Jordan v. Jordan, 105 So. 3d 1130 (Miss. Ct. App. 2012) Ronald Jordan, who divorced from his wife Stacy Jordan in 2010, was granted visitation with his son and was required to pay some of his ex-wife’s attorney fees. In 2007 the Jordans were married; in November of 2009 Stacy gave birth to their son. Although the couple was separated prior to their son’s birth Stacy did not file for divorce until December of 2009, and the divorce was finalized in 2010. Stacy Jordan had been married once before her marriage to Ronald and had two children with her previous husband, whom live with her. Her ex-husband Kevin McQuirter testified that Stacy was a good mother and he was very pleased with the care she provides for their two children. Ms. Jordan had also been a stay-at-home mom since the birth of her child with Mr. Jordan, with intentions of going back to work. At the time of court Stacy had found a job but had yet to start working. Her future boss did however testify that Stacy’s work schedule would be very flexible and her job would allow her to bring her son with her to work every day. The court gave Stacy primary physical custody of the child, allowing Ronald visitation rights every other weekend, one day during each week, one week around Christmas, alternating Thanksgiving and spring holidays, father’s day, visitation on the child’s birthday from 4p.m. to 7 p.m. and an extra weekend in the summer until the child reaches first grade at which point the parents will alternate every other week. Stacy was awarded primary physical custody because while both parties were natural in most of the Albright factors Stacy was favored in three of them; age of the child, continuity of care prior to separation, and employment responsibilities. The Court of Appeals affirmed the judgment of the lower courts granting primary physical custody of the child to Stacy and asked Ronald Jordan to pay his ex-wife $100 a month until he paid her a portion of her attorney’s fees back.

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