Sunday, December 8, 2013

Fulk v. Fulk case brief

Fulk v. Fulk case brief summary
827 So. 2D 736 (2002)


CASE SYNOPSIS
The Sunflower County Chancery Court, Mississippi, awarded custody of the parties' minor child to appellee, the biological father. Appellant mother appealed.

CASE FACTS
The mother argued that the chancellor erred as a matter of law by failing to make appropriate findings as to the guidelines for determining the best placement of the child after custody disputes.

DISCUSSION

  • The appellate court found that the chancellor considered some factors, but not all. 
  • She failed to give sufficient findings as to why she came to the conclusions that she did. 
  • The chancellor did not discuss the factor of the emotional ties between the child and parent and the age and sex of the child. 
  • Simply dictating that the father was favored without explaining why was not enough. 
  • The chancellor erred by relying so heavily on the mother's lesbian affair, due to the father's willingness to be an eager participant. 
  • The chancellor erred by not considering certain domestic incidents that occurred. 
  • Given the absence of any evidence of harm or danger to the child, the chancellor erred by drastically limiting the mother's visitation by ordering supervised visitation and prohibiting the child from having contact with his maternal grandfather. 
  • The record was devoid of evidence that would support a restriction against overnight visitation and visitation with the maternal grandfather.
CONCLUSION
The judgment was reversed.

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