Dunn v. Dunn

80 Citing cases

  1. Chamblee v. Chamblee

    637 So. 2d 850 (Miss. 1994)   Cited 157 times
    Following Dunn holding in striking down order that mother could not have any male companion unrelated to her by blood or marriage present during visitation with her child; danger to children must be shown

    Although there is some dispute as to whether or not Justin was wearing a helmet during this ride, this single incident does not create a great enough danger to the child to warrant placing restrictions on his visitation with his mother. Another case, Dunn v. Dunn, 609 So.2d 1277 (Miss. 1992), is analogous to the case at bar. Michael Dunn admitted to having an affair with a co-worker and a divorce was granted on the grounds of adultery.

  2. Dunn v. Dunn

    695 So. 2d 1152 (Miss. 1997)   Cited 19 times

    On December 10, 1992, this Court affirmed the final judgment on all issues except child support, where we reversed and remanded. Dunn v. Dunn (Dunn I), 609 So.2d 1277, 1286 (Miss. 1992). Before we handed down Dunn I though, on June 19, 1992, Michael filed a petition to modify the divorce decree, which alleged that a material change in circumstances had occurred.

  3. Creekmore v. Creekmore

    651 So. 2d 513 (Miss. 1995)   Cited 73 times

    Attorney fees are not generally awarded unless the party requesting such fees has established the inability to pay. Dunn v. Dunn, 609 So.2d 1277, 1287 (Miss. 1992). "The fee should be fair and should only compensate for services actually rendered after it has been determined that the legal work charged for was reasonably required and necessary."

  4. Daigle v. Daigle

    626 So. 2d 140 (Miss. 1993)   Cited 66 times
    In Daigle v. Daigle, 626 So.2d 140, 146 (Miss.1993), the supreme court stated that separate maintenance “is not a dissolution of a marriage and dividing of marital assets....” And the court found that the chancellor erred by dividing the marital assets.

    Id. at 623. In Dunn v. Dunn, 609 So.2d 1277 (Miss. 1992), this Court found that there was substantial evidence in the record to support the chancellor imposing an equitable lien against the husband's interest in the homestead as it was necessary to protect the wife and insure payment of the money owed, and that the chancellor did have the authority to do so. Although there was no proof that Eddie had wasted any of his retirement funds, given some of the financial ventures with which he was involved, the chancellor did not abuse her discretion in imposing a lien against such funds to insure that the separate maintenance award was met.

  5. Grogan v. Grogan

    641 So. 2d 734 (Miss. 1994)   Cited 20 times
    Affirming similar action based on chancellor's written explanation of reasons for such

    Thurman v. Thurman, 559 So.2d 1014, 1017-18 (Miss. 1990). See also Dunn v. Dunn, 609 So.2d 1277, 1285 (Miss. 1992); McEachern v. McEachern, 605 So.2d 809, 814 (Miss. 1992); Hammett v. Woods, 602 So.2d 825, 828 (Miss.

  6. Fields v. Fields

    830 So. 2d 1266 (Miss. Ct. App. 2002)   Cited 5 times
    In Fields, the chancellor awarded the father visitation every other weekend from 5 p.m. on Friday until 6 p.m. on Sunday.

    Forsythe v. Akers, 768 So.2d 943, 949 (¶ 17) (Miss.Ct.App. 2000). ¶ 6. Our courts have adopted a policy of maintaining relationships between parents and their children even though the parent may be non-custodial. Dunn v. Dunn, 609 So.2d 1277, 1286 (Miss. 1992); Rayburn v. Rayburn, 749 So.2d 185, 187 (¶ 3) (Miss.Ct.App. 1999). As such, the non-custodial parent is reasonably entitled to more than limited and short periods of visitation. Mixon v. Mixon, 724 So.2d 956, 961 (¶ 15) (Miss.Ct.App. 1998).

  7. Austin v. Austin

    766 So. 2d 86 (Miss. Ct. App. 2000)   Cited 8 times

    See also Creekmore v. Creekmore, 651 So.2d 513 (Miss. 1995); Dunn v. Dunn, 609 So.2d 1277, 1287 (Miss. 1992). ¶ 16.

  8. Chalk v. Lentz

    97 CA 953 (Miss. Ct. App. 1999)   Cited 11 times

    1986); White v. Thompson, 569 So.2d 1181, 1185 (Miss. 1990); Dunn v. Dunn, 609 So.2d 1277, 1286 (Miss. 1992). Liberal visitation provisions, while allowing the parents the discretion to mutually decide the circumstances under which the visitation will occur, are nevertheless ultimately subject to the laws of this State. The best interests of the child remains the paramount consideration and is within the discretion of the chancery court. Dunn, 609 So.2d at 1286.

  9. Irle v. Foster

    175 So. 3d 1232 (Miss. 2015)   Cited 11 times
    Holding that the "power" to "judge the credibility of the witnesses" "lies with [the chancellor] alone"

    See Robison v. Robison, 722 So.2d 601, 605 (Miss.1998) ; Harrington v. Harrington, 648 So.2d 543, 547 (Miss.1994) ; Dunn v. Dunn, 609 So.2d 1277, 1286 (Miss.1992). There must also be objective proof that the overnight visitation is detrimental to the child.

  10. Robison v. Robison

    97 CA 889 (Miss. 1998)   Cited 21 times
    In Robison, this Court addressed the issue of whether sufficient evidence was produced to support the granting of divorce on habitual cruel and inhuman treatment to the wife when the evidence indicated that the husband engaged in sexual relations with women at work, moved in with his girlfriend, and neglected his family.

    1990)). In Dunn v. Dunn, 609 So.2d 1277 (Miss. 1992), we held that it was error for the chancellor to prohibit the presence of the father's lover during visitation with his children, because there was no evidence of any detriment to the children. Dunn, 609 So.2d at 1286.