Ruth v. Burchfield

¶28. I respectfully dissent. The majority distinguishes this case from the precedents of C.A.M.F. v. J.B.M. 972 So.2d 656 (Miss.Ct.App.2007) and Riley v. Doerner, 677 So.2d 740 (Miss.1996). These cases stand for the proposition that where evidence exists to show criminal or immoral conduct in the home of the custodial parent such as drug use or nudity, then such evidence may be sufficient to justify a modification of custody, even without a specific finding that such environment has adversely affected the child’s welfare.

¶ 29. The majority finds that the conduct in this case does not compare…