Wednesday, January 28, 2015
Evidence to Support Modification
Yesterday, the Mississippi Court of Appeals decided Mize v. Mize located here. The issue on appeal was whether the burden of proof had been met to modify custody. The Court of Appeals ruled that the burden was not met in the case and reversed and rendered the judgment. The focus of the opinion was on whether there was any adverse affect on the child or a change in the custodial parent's home. The Court of Appeals ruled that the record essentially showed neither. The important point of the case from reading between the lines is there has to be some foundation laid of an adverse affect in the home. Unfortunately, the noncustodial parent rarely has this information which necessitates the child or some third party providing it. The other option is a psychologist testifying as an expert regarding their opinion under Rule 702 after meeting with the child.