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Fulk v. Fulk

Court of Appeals of Mississippi

827 So. 2d 736 (2002)

Relevant factsFree

Jeffery Fulk (plaintiff) and Rhonda Fulk (defendant) separated after one year of marriage shortly before Mrs. Fulk gave birth to their son; Mr. Fulk, who had a history of domestic violence (including padlocking Mrs. Fulk in their home) and substance abuse, was awarded temporary and then permanent custody, while Mrs. Fulk, unemployed and living with her unemployed parents, received only one supervised hour of weekly visitation at a McDonald's. The couple's separation was precipitated by a same-sex relationship Mrs. Fulk had, which Mr. Fulk had apparently instigated. The trial court did not address all ten statutory custody factors on the record, treated Mrs. Fulk's relationship as evidence of moral unfitness, and did not weigh Mr. Fulk's violent and substance-abuse history; Mrs. Fulk appealed.

IssueFree

Whether it is within a trial court's discretion to award full custody to one parent and extremely limited supervised visitation to the other, where the court based its decision on only some of the statutorily required factors and failed to explain many of its determinations.

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