Legal Opinion

A.T.K. v. R.M.K.W.

Court of Appeals of Mississippi

Decided November 24, 2009No. 2008-CA-01419-COAPublishedCited by 2 opinions

1Opinion of the Court

CARLTON, J.,

for the Court.

¶ 1. Mike1 appeals the judgment of the Clarke County Chancery Court, which dismissed his action to modify the child custody arrangement between Mike and his ex-wife, Diana. We find that the chancellor failed to consider the totality of the circumstances in determining whether a material change in circumstances existed, which posed a danger to Mike and Diana’s minor child. Therefore, we reverse and remand this case for a new trial with directions for the chancellor to reconsider the issue of modification of child custody.

*1104FACTS

¶2. Diana and Mike divorced in April 2005.…

2Cases cited5 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Riley v. DoernerMississippi Supreme Court · 1996
  3. Giannaris v. GiannarisMississippi Supreme Court · 2007
  4. Morrow v. MorrowMississippi Supreme Court · 1991
  5. D.A.P. v. C.A.P.R.Court of Appeals of Mississippi · 2005

3Cited by2 opinions

  1. Stennett v. DawseyCourt of Appeals of Mississippi · 2012
  2. Wikel v. MillerCourt of Appeals of Mississippi · 2010

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