Blevins v. Bardwell - 784 So. 2d 166 (Miss. 2001)

Rule:

In a child custody matter, an appellate court must defer to the polestar consideration in every child custody case, the best interests of the child.

Facts:

The parties met while stationed at an Air Force base. While still married to another man, appellee, Dawn Bardwell, became pregnant with appellant Adam Blevins’ child and received an honorable discharge. She moved in with appellant and divorced her husband. Eventually appellee decided to reenlist in the Air Force. Because the Air Force prohibited custodial single parents from enlisting, appellee executed an order granting custody of her daughter to appellant. At the time the parties believed they would marry at the conclusion of appellee's training. They agreed they intended the change of custody to be a temporary arrangement. After appellee returned from technical training nine months later, they ended their relationship. The trial court awarded custody to appellee. Appellant challenged the judgment, arguing that the original custody agreement was permanent.

Issue:

Under the circumstances, did the trial court err in awarding custody of the child to the appellee?

Answer:

No.

Conclusion:

The Court affirmed the judgment, noting that both parties voluntarily stipulated that the custody agreement made before appellee's reentry into the Air Force was temporary in nature. Moreover, the Court held that the trial court correctly concluded, based on substantial evidence, that it was in the parties' daughter's best interest to be in the custody of appellee. Because the original custody order was temporary in nature, the trial court was free to make a de novo original award of custody to appellee based on the applicable factors. The Court further noted that there was no material change in circumstances needed to be shown as permanent custody had never been established.