Torrence v. Moore

25 Citing cases

  1. Bower v. Bower

    1998 CA 1205 (Miss. 2000)   Cited 71 times

    Amis, Divorce and Separation in Mississippi § 8.05, at 217 (1957) A child of 7 has been held by this Court to be long past the age prior to which it requires attention of such character from the mother. Torrence v. Moore, 455 So.2d 778, 780 (Miss. 1984). ¶ 16.

  2. Lackey v. Fuller

    1998 CA 1480 (Miss. 2000)   Cited 33 times
    Finding that move renders joint custody arrangement unworkable and thus requires modification even without adverse effect on the children

    1983). We held in Torrence v. Moore, 455 So.2d 778 (Miss. 1984) that although the chancellor discussed only some of the Albright factors, it should not necessarily be presumed that he ignored those factors he did not discuss. This Court has held since 1848 that we will not disturb the finding of a Chancellor unless he is clearly wrong. Carr v. Carr, 480 So.2d 1120, 1124 (Miss.

  3. Mercier v. Mercier

    96 CA 564 (Miss. 1998)   Cited 52 times
    Finding seven-year-old to be "long past the age that requires this type of special care from her mother"

    We have held that a child of seven is long past the age that requires this type of special care from her mother. Torrence v. Moore, 455 So.2d 778, 780 (Miss. 1984)( citing Duncan v. Duncan, 119 Miss. 271, 80 So. 697 (1919)). Not only can other people care for Dusty as well as her mother, but the record reflects that Steve Mercier does care for Dusty as well as or better than her mother.

  4. Bredemeier v. Jackson

    689 So. 2d 770 (Miss. 1997)   Cited 190 times
    Stating that a willful and deliberate disregard of a court order constitutes contempt of court

    In a similar case, this Court upheld a chancellor's finding that "the advent of school age was a material change in circumstances that rendered the split custody of the child useless and even harmful to the child." Torrence v. Moore, 455 So.2d 778, 780 (Miss. 1984). In the instant case, there is no single incident that required a modification of custody.

  5. Settle v. Galloway

    682 So. 2d 1032 (Miss. 1996)   Cited 14 times

    1987); Harkins v. Fletcher, 499 So.2d 773, 775 (Miss. 1986); Torrence v. Moore, 455 So.2d 778 (Miss. 1984). Section 93-16-3 of the Mississippi Code Annotated states, in pertinent part:

  6. Ash v. Ash

    622 So. 2d 1264 (Miss. 1993)   Cited 74 times
    Holding that interference with visitation constitutes material change in circumstances

    Veselits v. Cruthirds, 548 So.2d 1312, 1316 (Miss. 1989); Torrence v. Moore, 455 So.2d 778, 780 (Miss. 1984). Finally, we note in hindsight that the decision appears to have been a good one.

  7. Retzer v. Retzer

    578 So. 2d 580 (Miss. 1991)   Cited 25 times

    This Court is "bound by those findings unless it can be said with a reasonable certainty that those findings were manifestly wrong and against the overwhelming weight of the evidence." Id. at 1123-24 (citing Torrence v. Moore, 455 So.2d 778 (Miss. 1984)); but see Appellant's Brief at 28-29 (where Mike seems to suggest, erroneously, that this Court's standard of review is: "whether there has been a material change of circumstances") (citing and quoting Smith v. Todd, 464 So.2d 1155, 1157 (Miss. 1985), and McRae v. McRae, 381 So.2d 1052, 1056 (Miss. 1980)).

  8. Phillips v. Phillips

    555 So. 2d 698 (Miss. 1989)   Cited 26 times
    In Phillips this Court stated that "`a change in custody should never be made for the purpose of rewarding one parent or punishing another.'"

    This court's scope of review is limited by the substantial evidence or manifest error rule. Dunaway v. Busbin, 498 So.2d 1218, 122 (Miss. 1986); Torrence v. Moore, 455 So.2d 778 (Miss. 1984). Therefore, the Chancellor's decision to modify child custody by awarding primary custody of Justin to Mr. Phillips, cannot be overturned unless "manifest error" is shown.

  9. Veselits v. Cruthirds

    548 So. 2d 1312 (Miss. 1989)   Cited 15 times
    Affirming custody to maternal grandparents but reversing cancellation of parental rights of father convicted, but later pardoned, of manslaughter of mother

    1986); Carr v. Carr, 480 So.2d 1120, 1123-24 (Miss. 1985); Torrence v. Moore, 455 So.2d 778 (Miss. 1984). Therefore, the judgment of the lower court is affirmed on direct appeal.

  10. Milam v. Milam

    509 So. 2d 864 (Miss. 1987)   Cited 52 times
    In Milam, the supreme court held that even though the ex-husband was ordered by a divorce decree to provide medical care for the children, when the ex-wife failed to consult with him before medical care was received or present medical bills to him, she was not entitled to expense reimbursement.

    This Court has held since 1848 that we will not disturb the finding of a Chancellor on conflicting evidence unless he is clearly wrong. Torrence v. Moore, 455 So.2d 778 (Miss. 1984) and other cases too numerous to cite here. No purpose would be served by reciting the sordid and unfortunate facts offered in this record. Suffice it to say that upon the issue of custody the Chancellor was not manifestly wrong and his determination of the custody of these two children is affirmed.