The issue of medical waivers was fully discussed with the Court, when Dawn delivered hers, Adam certainly had the opportunity to deliver a signed waiver. ¶ 42. Adam claims that the Chancellor's holding Adam's failure to sign his medical waiver against him constitutes a serious misapplication of the broad powers granted to a Chancellor. Adam refers to Belding v. Belding, 736 So.2d 425 (Miss. Ct. App. 1999), where the Mississippi Court of Appeals addressed the issue of a chancellor that ordered psychological examinations be conducted on both parents and their child in a child custody proceeding. The Court of Appeals ruled that, at least in Mississippi, there is no authority "for a Chancellor to order disputant spouses to undergo either a mental or physical examination."
("If there is substantial evidence in the record to support factfindings, no matter what contrary evidence there may also be, the appellate court will uphold the chancellor." (quoting Belding v. Belding, 736 So. 2d 425, 427 (¶5) (Miss. Ct. App. 1999))). Nor will we substitute our judgment on those facts in a way different from the chancellor when he is the trier of fact, not this Court.
, no matter what contrary evidence there may also be, the appellate court will uphold the chancellor." (quoting Belding v. Belding, 736 So.2d 425, 427 (¶5) (Miss. Ct. App. 1999))). Nor will we substitute our judgment on those facts in a way different from the chancellor when he is the trier of fact, not this Court.
Unless the chancellor was manifestly wrong, clearly erroneous or applied an erroneous legal standard, we will affirm." Belding v. Belding , 736 So. 2d 425, 427 (¶5) (Miss. Ct. App. 1999) (citing Wright v. Stanley , 700 So. 2d 274, 280 (Miss. 1997) ). "If there is substantial evidence in the record to support fact-findings, no matter what contrary evidence there may also be, the appellate court will uphold the chancellor."
We, however, find no error in the chancellor's finding that this factor favored Tammy. "The supreme court has held that a chancellor is justified in awarding custody based in part on one parent's work schedule." Belding v. Belding, 736 So.2d 425, 430 (¶ 20) (Miss.Ct.App. 1999) (citing Moak v. Moak, 631 So.2d 196, 198 (Miss. 1994)).
This Court has expressed concern in awarding custody to a parent where there is a possibility of deployment. See Balding v. Balding, 736 So.2d 425, 430 (¶ 19) (Miss.Ct.App. 1999) (holding that although the father served in a non-deployment position, the potential for his status to change was a concern and should be considered when determining custody). ¶ 36. At the time of trial, Jennifer was employed as a computer technician at the Mississippi School for Math and Science.