Miller v. Smith

FAIR, J.,

FOR THE COURT:

¶1. On November 1, 2012, Dale Miller filed for divorce against his wife, Jessica Smith, on the ground of spousal incarceration, or, in the alternative, irreconcilable differences. Dale also sought custody of their two children—Robert (“Smitty”) and Margaret.1 The chancellor appointed a guardian ad litem (GAL), who ultimately *151recommended that Dale be awarded custody of both children. The chancellor ruled contrary to the GAL’s recommendation, explaining her reasoning and discussing the Albright2 factors in detail, and awarded Jessica custody of both children. Dale…