Judicial Discrimination in Favor of the More Religious Parent
From Tilley v. Gibbs, decided yesterday by the Mississippi Court of Appeals:
John and Tiffany were married on April 6, 2019, in Lowndes County, Mississippi. The parties had one child, V.G., born prior to the marriage on December 19, 2018. On December 14, 2021, John filed his original complaint for divorce against Tiffany…. On September 16, 2022, the chancery court issued its opinion and final judgment, granting an irreconcilable differences divorce, awarding joint legal custody with John being awarded physical custody. The court awarded Tiffany visitation and ordered her to pay child support of $490.00 per month….
The court went through the various factors that Mississippi courts consider in child custody cases; but I thought this was particularly noteworthy:
Tiffany also asserts that the home, school, and community records should have been deemed a neutral factor because the chancellor relied on two issues she believes do not favor either party—John’s church attendance and her potential move. In support of her position on appeal, she highlights only a portion of the relevant evidence submitted at trial, including that they did not go to church often while married, John only began attending church more regularly after the separation, and John previously indicated to her that he was an atheist. She further argued that her admitted plan to relocate should not be held against her because the specifics of it require
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