Case: 0:07-cv-00736 Document #:49 Filed: 03/03/2011 Page 1 of 6 IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI JAMES B. REYNOLDS, III PLAINTIFF vs. CIVIL ACTION NO. 2007-7366 SHERRY M, REYNOLDS DEFENDANT SUDGMENT THIS CAUSE CAME ON FOR HEARING, on the following dates: October 19, 2009 and ‘November 17 and 19, 2010. After hearing the testimony, reviewing the evidence and after careful research and consideration, this Court rendered a findings of fact and law in an opinion delivered by telephone conference with the attomeys forthe parties on November 29,2010 and supplemented by written opinion dated December 14, 2010 and attached hereto. In addition to the findings set forth in the attached opinion, the Court found as follows: On Sherry’s Petition to Modify Custody of her daughter to her: ‘The parties divorced several years earlier and the parties agreed to Jimmie having sole legal custody and the parties sharing joint physical custody of their daughteg lag now aged 6. ‘After the divorce Sherry moved to Florida and now seeks a custody change to accommodate her move. ‘The Court agrees that the move is a material change in circumstances and will conduct an Albright analysis and make a final determination based upon the best interests of the child. ‘The testimony established that since the divore the partes complied withthe “week on-week off” custody arrangement and the child has thrived in that arrangement, with the exception of being held back in pre-school.Case: 0:07-cv-00736 Document #:49 Filed: 03/03/2011 Page 2 of 6 Sherry has made a number allegations regarding Jimmie’s dritiking, but the court did not -cansider these allegations to constitute an emergencey. Jimmie has worked the same job for 11 yrs, Sherry has had 3 jobs aver the last several years, ‘Jimmie has resided in the same house, but its for sale, ‘Sherry remarried and her new hushand has problems that concams the court and-the coutt ‘must pay attention to this fact, Ho has driven the child without a.drivers license, been involved in a bankruptcy, been investigated for fraud, suffered two DUI's and been charged with driving child with a suspended ficense, Jimmie was on several medications for cholesterol, high blood pressure, and anxiety. ‘Sherry is dinguosed us bi-polar, and fas been involved in drinking while on medication, ‘There was also an ineident where she pulled a gum and fired it while she was in custody of her daughter. Her Pyschiatrist testifted that if she was.on her meds she-would be a competent parent: ‘butifshe did not she would be pronatosuibidal ideationsand erratic behavior and that sie anus tke the meds tie rest of her life, Her psysebiatrist also appeared to have admitted thet Ms Frazier engaged in a “swinging” lifestyle. ‘The Court needs to be able to trust Sheny;s dootor. and the Court is concerned as to his ‘truthfulness and reliability. In previous testimony, (Ms Frazier denied any participation in swingiig lifestyle andtin light of her admissions fo her psychiatrist and his later testimony which walled into -queation Shesry's uthfiiness, the Court hes conaluded that shelhas ited and ber truch and veracity. ‘give the Court grave concer. Its dléde Sherry’s Husband wants her to ejgage it this swinging ‘fiestyle, Bint ifehe'is on her nseds and seeing hee paychiatrit, she wail smut engage in this behavior and her husband's leaving over this issue puts extreme pressure on her marriage. If sheappeaseshim shie tay nie nike ties meds. ‘The Cauit has grave voncetns regarting this issue,Case: 0:07-cv-00736 Document #:49 Filed: 03/03/2011 Page 3 of 6 Regarding each parties contentions regarding contempt by the other the court finds the ‘testinicy of sharing expenses is unclear as to who owes-wh6, so the Court will.nt deal with this. Jimmie attends church regularly and participates'as much as possible. Sherry testified about church but admitted to only going just afew times, due to visitation schedule. ‘Testimony about Jimmae’s both partis drinking concerned the Court. Jimmie admitted to ‘having consumed aloohol while the child was in his custody and this is of cincerm to the Court. notbe given any weight because of the appearanes of impropriety in the Guardian accepting a.ride swith Shemy's Mothor it Law. ‘The Albright Suotors are applied as follows: 388, mom health MoM Sex MOM continnity sfoure = Both Parenting skills Both, vwillinpness, Both Employment Both ‘bralth, DaD Emotional ties Both; Moral Fitess: DAD ‘Comunanity DAD. proference ala ‘stability DADCase: 0:07-cv-00736 Document #: 49 Filed: 03/03/2011 Page 4 of 6 awarded sole legal and physical custorly with the Mother, Sherry, to have visitation. ‘Having made the foregoing findings, THIS THEREFORE ORDERED that: 1. Ths Onder of Divorce is modified to provide that Jimmy shall bave sole legal and Physical custody of Zoo. 2 Ghory shall not pay child support to Jimmy. Child support shall be held in eyance as Jong as Sherty is paying $500.00 toward the mortgage on the fortmer marital resident. 3, The “wack on week off” visitation schedule is hereby terminated. Sherry shall exercise visitation wih the minor ghd es follows: A Sherry shall have visitation with the minor child on the first (1") and third @" wockend of each and every month from Thursday evening at 6:00 px, through Sunday-evening at 6:00pm, B. ‘Sherry shall have visitation with the minor ohild on dltemating Federal holiday each year. The designation of wltemating years is determine by the last digit ofthe yea, i, 2010 san “even your,” and 2011 isan “odd yea” Visitation shalt tke place as follows: 1. Martin Ether King Birthday. Sherry shal have visitation with the child every odd year for the bitthday of Martia Luther King ‘oomneneing on the Wednesday Immediately preceding the holiday until the following Tuesday when Sherry shal retum the mizor child toschool, inmy/shal have visitation withthe tinot eid keimes ineven years.Case: 0:07-cv-00736 4 & Document #: 49 Filed: 03/03/2011 Page 5 of 6 Washington'sBirthday, Sherry shall have visitation with minor child. ‘every even year for Washington's birthday commencing on the ‘Wednesday immediately preceding the holiday until the following ‘Tuesday whic Shemry shall retum the iinot child to school. Jimmy shall have visitation with the minor child fike tines in odd years. Columbus Day, Sherry shall have visitation with minor child every odd year for Columbus Day commencing on the Wednesday ‘immediately preceding the boliday until the following Tuesday when Sherry shall return ths minor child to vehol, Jishmy shall have ‘visitation with the minor child dike times in even years. Peterans Day, Sherry shall have visitation with minor child every ‘even year for Veterans Day commencing on the, Wednesday ‘immediately preceding the holiday until the following Tuesday when Sherry shall return the minor chflii to: school. Jimmy shall have ‘visitation swith the minor child like times in-odld years, Eabor Day, Sherey shall have visitation with minor child every odd year for Labor Dey commencing an.the Werinesday immediately precedingtbe holiday uti the following Tuesday when Shenry-shall return thentinorstilldto school. Sinamy stall have visitation withthe minor dhild like times in even years. Memorial Bay, Shesry shall have visitation with minor child every ‘even yeat for Memorial Day commencing on the Wednesday immediately preceding the holiday until:the following Tuesday when.Case: 0:07-cv-00736 Document #:49 Filed: 03/03/2011 Page 6 of 6 Sherry shall return the minor child to school. Jimmy shall have visitation with the minor child like times in odd years. 7. The following holidays shall be exercised as set forth in the original order: Easter, Christmas, Thanksgiving, July 4, and New Year's Day. C. Sherry shall have visitation with the minor child the entire summer, taking into consideration the summer vacation of James Reynolds, Ill. The summer ‘commences during the months of June, July and August of each year. James Reynolds, II shall have two weeks of vacation during the month of July. The Parents shall communicate with each other to schedule the summer vacation at least two weeks prior to that occasion. James Reynolds, If shall have visitation with the minor child the first (I*) and third (3") weekends during the summer months from Friday evening at 6:00 p.m. through Sunday evening at 6:00 p.m. 4, Allother motions and requests for relief are denied. Costs are assessed to the party incurring same, SO ORDERED, this the [St day of Marah, 2011. CHANCELLOR fand Cama ‘as to form: Approved as to form: A eo galas tate on Bhobiaust A. Chinn, Nias ‘Sharon Thibodeaux, MSB #8114 Matthew Thompson, MSB #101901 Attorney for James B. Reynolds, II ‘Attorneys for Sherry Frazier (Reynolds)