At 10:00 the Miss.S.Ct. will hear the case of Jennifer Carter v. Josh Carter
Josh and Jennifer divorced in Rankin County in 2011, and Jennifer got custody of their one child Delaney. In May 2012, Josh filed a complaint for modification which alleged a material change in circumstances that had adversely impacted Delaney. It did not specify what the changes were. an attorney was appointed to investigate and she determined that Jennifer was living in a extremely dilapidated mobile home. The chancellor found the home to be “shocking,” “squalid,” and “dangerous.” The chancellor found a change in circumstances and gave Josh primary custody. On appeal Jennifer argued that the court erred in not appointing a GAL. Neither party ever asked the chancery court to appoint a guardian ad litem. While the law requires a GAL be appointed where there are allegations of abuse or neglect, in this case Josh did not expressly accuse Jennifer of neglecting Delaney. The COA affirmed and the Miss.S.Ct. granted cert.
Jennifer’s cert petition
Jennifer’s supplemental brief
Josh’s supplemental brief
Watch the argument here