Legal Opinion · Concurring in part, dissenting in part

Clifton v. Shannon

Court of Appeals of Mississippi

Decided June 26, 2012No. 2011-CA-00037-COAPublished

1Concurring in part, dissenting in partBarnes, J.

¶ 25. I concur with the majority’s findings regarding Issues I and III. As to Issue II, I also agree that the chancellor’s modification of custody warrants' reversal. *76However, I dissent from the majority’s decision to remand for further findings. The custody modification was based solely on Ashley’s preference to live with her father in Mississippi, and there simply was no evidence presented that a material change in circumstances adversely affecting Ashley had occurred in the custodial home. See Self v. Lewis, 64 So.3d 578, 584 (¶ 29) (Miss.Ct.App.2011). Therefore, I would render the…

2Cases cited6 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Polk v. PolkMississippi Supreme Court · 1991
  3. D.A.P. v. C.A.P.R.Court of Appeals of Mississippi · 2005
  4. Ortega v. LovellMississippi Supreme Court · 1998
  5. Dykes v. McMurryCourt of Appeals of Mississippi · 2006

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