Wednesday, September 30, 2015

Visitation

Yesterday, the Mississippi Court of Appeals decided Carter v. Escovedo located here.  This was a case I got involved in post trial.  Ultimately, the Court of Appeals agreed with my contention that the visitation award was inadequate and even agreed that my client should potentially be awarded someone midweek visitation also. 

The Court stated: 

"On remand, the chancellor shall award at least five weeks of summer visitation to
Carter.  See Crowson v. Moseley, 480 So. 2d 1150, 1153 (Miss. 1985) (“[C]hildren at the
least are entitled to the company of their mother two full week[]ends a month during the
school year, with the visitation to terminate late Sunday afternoon as opposed to Sunday
morning, and a five-week period during summer vacation.”).  Since Carter usually works
weekends, on remand, the chancellor shall also revisit whether more time should be awarded
Carter during the week and if more holiday time should be awarded."

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