R.B.S. v. T.M.S.

¶ 16. I concur with the majority’s decision to affirm the chancellor’s denial of the modification sought by the father in his counterclaim. However, I must respectfully dissent from the majority’s refusal to consider the father’s second assignment of error. The majority acknowledged that the chancellor denied the modification sought by the father and the mother but, while not granting the exact relief sought by the mother, nevertheless modified the joint custodial arrangement which had been entered at the time of the divorce. The majority concluded it would not address the father’s assignment…