James v. James

The principal issue framed on this appeal is whether the chancellor erred in awarding custody of the minor children of a divorced couple to the children’s grandparents.

Bervil Garth James, Jr., and his wife, Debra Stack James, are the parents of two children, one born February 17, 1976, and the other November 9, 1977. In litigation initiated by Bervil in 1980, each party sought a divorce on grounds of desertion and adultery, and each asked for custody of the children. In testimony before a commissioner in chancery, Bervil admitted committing adultery, but never when the children were in the…