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