Case Results

Mississippi Case Law and Legal Reviews
By Matthew Poole, Esq.

Thompson v Thompson – Father was awarded custody of minor children through a temporary order. Mother appealed, saying her mental illness had cured since the entry of the temporary order and she should be awarded custody again. Court applied Albright factors, along with determining if a material change in circumstances that would not be adverse to the child’s best interest had occurred. Court also allowed children to state preference of custodial parents since they were over the age of 12. Court allowed custody to remain with the father. Full Case Law

Albright – Father challenged chancery court’s custody award to mother of minor child based solely on “tender years” doctrine. Supreme Court develops a list of factors to determine who should be awarded custody, mostly doing away with the “tender years” doctrine which said a child was presumed to be better situated with their mother at a young age. Full Case Law

Ferguson v Ferguson – Supreme Court of Mississippi established factors to consider in determining an equitable distribution of assets during a divorce. In listing the factors to consider, the court also stated that fairness to both parties should be considered in the distribution of the marital assets. Full Case Law

Honea v Honea – Wife took husband to court for a separate maintenance determination. Full Case Law

Call Matthew Poole today at (601) 573-7429 or Email Him