FULK V. FULK 827 So. 2d 736 (2002) CASE BRIEF

FULK V. FULK

827 So. 2d 736 (2002)

NATURE OF THE CASE: Rhonda (W) appealed an order that awarded custody to Jeffery (H).

FACTS: H and W were married on September 11, 1999. It ended in separation in September of 2000. One child was born on January 20, 2001. After the birth of the baby, W briefly returned to the marital home. Further problems ensued, causing W to take the baby and leave the home permanently on February 1, 2001. H filed for divorce based on adultery and irreconcilable differences. He also was seeking custody of the child. H was granted temporary custody of the child. W did not appear at this hearing. W admitted irreconcilable differences and counterclaimed requesting custody of the child. The parties agreed to a divorce based on irreconcilable differences. H and W were married on September 11, 1999. It ended in separation in September of 2000. One child was born on January 20, 2001. After the birth of the baby, W briefly returned to the marital home. Further problems ensued, causing W to take the baby and leave the home permanently on February 1, 2001. H filed for divorce based on adultery and irreconcilable differences. He also was seeking custody of the child. H was granted temporary custody of the child. W did not appear at this hearing. W admitted irreconcilable differences and counterclaimed requesting custody of the child. The parties agreed to a divorce based on irreconcilable differences. The Chancellor awarded sole custody to H. The record indicates that H and W's relationship was unsteady from the very start. To say that H and his father-in-law are not friendly with one another is an understatement. W is a young mother who does not have a source of income. She lives with her parents and a younger sibling. Both of her parents are unemployed and rely on 'checks' as means for survival. H and W had a sexual relationship with one of W's female friends. H admits to having used drugs and alcohol heavily, although he claims to have now stopped using the addictive toxins. W entered into evidence photographs of marijuana and other drug paraphernalia located inside H's dresser drawers which were taken on the first day of February, the day of the final separation. H also allegedly 'forgot' W was in his home and padlocked her inside the house since it was his habit to padlock the door. W was pregnant and trapped inside the home. Her father had to come and take the door off of the hinges to allow his daughter out of the house. In a domestic disturbance call the police arrested H for threatening to kill W and her family with a claw hammer. H was sentenced to anger management classes. It is not clear from the chancellor's opinion that she considered these incidents.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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