On Tuesday, the Mississippi Court of Appeals decided Smith v. Mull located here. One of the interesting issues in the case was the modification of the dropoff point for visitation exchanges.
The Court explained that:
"When modification of visitation is at issue, the material change in circumstances test is not applicable because the court is not being asked to modify the permanent custody of the child. To modify a visitation order, it must be shown that the prior decree for reasonable visitation is not working and that a modification is in the best interest of the child. The chancellor has broad discretion to determine the specific times for visitation."
The Court ended up not modifying the visitation exchange since it was not shown to not be working and only benefited one parent. This may be something to go over with clients who are contemplating moving.
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