Montgomery v. Montgomery, 20 So.3d 39 (Miss.App. 2009)
Sep 29, 2009OUTCOME: Custody Determination Affirmed
Following a trial on the sole issue of custody of minor children, the Chancery Court of Pontotoc County awarded joint legal custody of the children to Kelly McCoy Montgomery, Jr. (M.J.), and Lisa Marie ... Montgomery (Lisa). M.J. received primary physical custody, and Lisa received extensive and liberal visitation rights. Aggrieved by the chancellor's decision, Lisa appeals and raises the following assignments of error: (1) the chancellor failed to properly consider the separation of the parties' children; (2) the chancellor overemphasized Lisa's adulterous affair as part of the Albright analysis; (3) the chancellor abused her discretion by concluding that the age, health, and sex of the children; capacities to provide primary child care and employment responsibilities; and the emotional ties of the parents and children factors favored neither party; and (4) the chancellor abused her discretion by concluding that the continuity of care of the children, and the stability of home environment and employment factors favored the father. After hearing oral argument and reviewing the record and briefs in their entirety, we find no error and affirm.
