Legal Opinion · Dissent

Brumfield v. Brumfield

Court of Appeals of Mississippi

Decided November 30, 2010No. 2008-CA-01944-COAPublished

1DissentCarlton, J.

¶ 51. I respectfully dissent and would remand this case back to the chancellor for appointment of a guardian ad litem to represent the interests of the children and to make recommendations to the chancellor as to the children’s best interests. See Miss.Code § 43-21-121 (Rev.2009). I fully acknowledge the difficulty faced by chancellors in determining custody in cases fraught with conflict between the parents. However, in determining custody, we must separate the issues of spousal fault in order to focus on parental fitness and issues relevant to the determination of the best interests of the…

2Cases cited8 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Carr v. CarrMississippi Supreme Court · 1985
  3. Powell v. AyarsMississippi Supreme Court · 2001
  4. Robison v. LanfordMississippi Supreme Court · 2003
  5. Brekeen v. BrekeenMississippi Supreme Court · 2004

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