Oral arg. – Miss.S.Ct. – June 28, 2016

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

One thought on “Oral arg. – Miss.S.Ct. – June 28, 2016

  1. Pingback: When is a GAL Required? (Part II) | The Better Chancery Practice Blog

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