Franklin v. Winter

2 Citing cases

  1. Porter v. Porter

    2006 CT 1592 (Miss. 2009)   Cited 27 times
    Affirming chancellor’s finding that a mother’s move to Tennessee made the joint custody arrangement impractical and accordingly constituted a material change in circumstances adverse to the children’s best interest

    Lackey, 755 So.2d at 1089 (adding that "[i]ts surely in the children's best interest NOT to be shuttled back and forth between New York and Mississippi every two weeks."). See also Franklin v. Winter, 936 So.2d 429, 432 (Miss.Ct.App. 2006) ("[a]ccording to recent cases, the moving of one party some distance away can constitute a material change in circumstances sufficient to warrant the modification of a custody agreement when the parties at issue share joint physical custody of the child. . . ."); Elliott, 877 So.2d at 455 ("[t]here are cases . . . which state that the moving of one party is sufficient grounds for modification because it makes joint custody impractical or impossible."); Rinehart, 819 So.2d at 566 (affirming modification based on Albright analysis predicated upon the chancellor finding that "the shared custody agreement between parents of a child of school age, living in two different states, would be quite difficult to maintain"); Massey v. Huggins, 799 So.2d 902, 906 (Miss.Ct.App. 2001) (affirming modification based on Albright analysis predicated upon the chancellor finding that "the impracticality of the present joint physical custody arrangement was a material change in circumstances adverse to the

  2. Porter v. Porter

    2006 CA 1592 (Miss. Ct. App. 2009)   Cited 2 times

    Spain, 483 So.2d at 320-21. In Franklin v. Winter, 936 So.2d 429, 432 (¶ 11) (Miss.Ct.App. 2006), this Court held: According to recent cases, the moving of one party some distance away can constitute a material change in circumstances sufficient to warrant the modification of a custody agreement when the parties at issue share joint physical custody of the child, as is the case in the case at bar.