'J..0lO-C,4 -off/fJ - CO}fT
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
TASHFEEN SOLANGI
APPELLANT
VERSUS
CASE NO. 2010-CA-1943
KACEY CRONEY
APPELLEE
CERTIFICATE OF INTERESTED PERSONS
The undersigned counsel of record certifies that the following listed persons have an interest in
the outcome of this case. These representations are made in order that the Justices of the Supreme Court
and/or the Judges of the Court of Appeals may evaluate possible conflicts, disqualifications or recusal:
1. Tashfeen Solangi
106 Pine Cove
Long Beach, MS 39560
Appellant
3.
5.
Renee McBride Porter
Porter Law Firm, P.A.
IS Main Street
Columbia, Mississippi 39429
Attorney for Appellant
Dr. Moby Solangi and Mrs. Fauzia Solangi
8288 Jennifer Ln
Long Beach, MS 39560
Parents of the Plaintiff
Respectfully submitted, on this the
2.
Kacey Croney
195 Arborgate Circle Apt B
Picayune, MS 39466
Appellee
4.
Nancy Steen
Adelman & Steen
224 2nd Avenue
Hattiesburg, MS 3940 I
Attorney for Appellee
6.
Ms. Tricia Stockstill
291 Donald Penton Rd
Picayune, MS 39466
Mother of the Defendant
~ay of
12.
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
TASHFEEN SOLANGI
APPELLANT
VERSUS
CASE NO. 2010-CA-1943
KACEY CRONEY
APPELLEE
TABLE OF CONTENTS
CERTIFICATE OF INTERESTED PERSONS ............................................................................................... .i
TABLE OF CONTENTS ................................................................................................................................. ii
TABLE OF CASES .................................................................................................................................... iii-iv
CERTIFICATES OF SERVICE ................................................................................................................... v-vi
STATEMENT OF ISSUES .............................................................................................................................. 1
STATEMENT OF CASE ............................................................................................................................ 2-20
SUMMARY OF THE ARGUMENT ............................................................................................................. 20
ARGUMENT ............................................................................................................................................. 20-46
CONCLUSION .............................................................................................................................................. .46
ii
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
APPELLANT
TASHFEEN SOLANGI
CASE NO. 2010-CA-1943
VERSUS
APPELLEE
KACEY CRONEY
TABLE OF CASES
Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983) ................................................ 1,20,21,
23,24,25,27,44
McKee v. McKee 418 So.2d 764 (Miss. 1982) ........................................................................ 1
Reed v. Fair, 566 So.3d 577 (Miss. Ct. App. 2010), (Griffis, J. Specially Concurring) ........................... 21
Rushing v. Rushing, 724 So. 2d 911, 916 (Miss. 1998) .............................................................. 21
Brown v. Crum, 30 So.3d 1254 (Miss. Ct. App.2010) ................................................................ 21
Smith v. Watson, 425 So.2d 1030 (Miss. 1983) ......................................................................... 21
Law v. Page, 618 So.2d 96 (Miss. 1993) ...................................................................... 21,27,28
Norman v. Norman, 962 So. 2d 718, 720 (Miss. Ct. App. 2007) .................................................... 21
Parra v. Parra 65 So.3d 872 (Miss. Ct. App. 2011) .................................................................. 24
Davidson v. Coit, 899 So.2d 904,911 (Miss. Ct. App. 2005) ........................................................ 24
Lawrence v. Lawrence, 956 So.2d 251 (Miss. Ct. App. 2006) ....................................................... 24
Lee v. Lee, 798 So.2d 1284 (Miss. 2001) ........................................................................... 24,25
Cuccia v. Cuccia, 201O-CA-00083-COA (Miss. Ct. App. 6-14-2011) ............................................. 25
Fancher v. Pell, 831 So.2d 1137 (Miss.2002) .......................................................................... 25
Nichols v. Tedder, 547 So.2d 766 (Miss. 1989) ........................................................................ 25
Fulkv. Fulk, 827 So.2d 736 (Miss. Ct. App.2002) ..................................................................... 25
Hollon v. Hollon, 784 So.2d 943 (Miss. 2001) ......................................................................... 25
Jerome v. Stroud, 689 So.2d 755 (Miss. 1997) ........................................................................ 25
Benal v. Benal45 So.3d 684 (Miss. Ct. App.2009) ................................................................... 26
Parker v. South, 913 So.2d 339 (Miss. Ct. App. 2005) ................................................................ 26
Klink v. Brewster, 986 So.2d 1060 (Miss. Ct. App. 2008) ........................................................... 27
Moorman v. Moorman, 28 So.3d 670 (Miss. Ct. App. 2009) ....................................................... .42
iii
C.A.MP. v. JB.M, 972 So.2d 656 (Miss. Ct. App. 2007) .......................................................... .43
Scruggs v. Saterfiel, 693 So.2d 924 (Miss. 1997) ..................................................................... .43
Montgomery v. Montgomery, 20 So.3d 39 (Miss. Ct. App. 2009) .................................................. .43
Copelandv. Copeland, 904 So.2d 1066 (Miss. 2004) ............................................................... .43
Sellers v. Sellers, 638 So.2d 481 (Miss. 1994) ....................................................................... .43
Rogers v. Morin, 791 So.2d 815 (Miss. 2001) ......................................................................... .44
Powers v. Tiebauer, 939 So.2d 749 (Miss. 2005) ..................................................................... .44
Brooks v. Brooks, 652 So.2d 1113 (Miss.1995) ...................................................................... .45
iv
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
TASHFEEN SOLANGI
APPELLANT
CASE NO. 2010-CA-1943
CAUSE NO. 09-0133-GN-W
VERSUS
KACEY CRONEY
APPELLEE
CERTIFICATE OF SERVICE
This is to certifY that I, Renee McBride Porter, on the --®ay of February,
2012, furnished a true and correct copy of the above and foregoing
BRIEF OF APPELLANT
to the Honorable Nancy Steen, attorney for Appellee, by placing same in the United States
Mail, postage prepaid, and mailing it to her usual office address Via First Class Mail
Nancy Steen
P.O. Box 368
Hattiesburg, MS 39403
Attorney for Defendant
RENEE McBRIDE PORTER
MSBN_
PORTER LAW FIRM, P.A.
POST OFFICE BOX 982
COLUMBIA, MISSISSIPPI 39429
(601) 731-1886
ATTORNEY FOR APPELLANT
v
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
TASHFEEN SOLANGI
APPELLANT
VERSUS
CASE NO. 2010-CA-1943
CAUSE NO. 09-0133-GN-W
KACEY CRONEY
APPELLEE
CERTIFICATE OF SERVICE
This is to certifY that I, Renee McBride Porter, on the ~ay of February,
2012, furnished a true and correct copy of the above and foregoing
BRIEF OF APPELLANT
to the Honorable Judge Johnny Williams, Chancellor, 10th District, by placing same in the
United States Mail, postage prepaid, and mailing it to his usual office address of Post Office Box
1664, Hattiesburg, MS 39403.
RENEE McBRIDE PORTER
MSBN_
PORTER LAW FIRM, P.A.
POST OFFICE BOX 982
COLUMBIA, MISSISSIPPI 39429
(601) 731-1886
ATTORNEY FOR APPELLANT
vi
IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI
TASHFEEN SOLANGI
APPELLANT
CASE NO. 2010-CA-1943
VERSUS
KACEY CRONEY
APPELLEE
STATEMENT OF THE ISSUES
The Appellant contends that the trial court below erred on the following grounds:
a.
The Court incorrectly applied the Albright v. Albright 437 So. 2d 1003, 1DOS (Miss.
1983) factors and specifically found that the parties were equal in certain factors
when the evidence and testimony both factual and documentary did not support the
findings.
b.
The court allowed the birth certificate of the minor child to be amended to reflect the
middle name of Croney when that name was not given to the minor child nor
requested in pleadings.
c.
The Court did not properly award the attorney's fees having no McKee v. McKee
418 So.2d 764 (Miss. 1982) hearing or testimony.
d.
The Court made certain procedural errors allowing certain documents and witnesses
to testify on the Defendant's behalf that were not properly disclosed in discovery and
further, the Court did not allow certain documents into evidence that were properly
disclosed in discovery, properly authenticated, and properly tendered by Plaintiff.
STATEMENT OF CASE
A. BACKGROUND FACTS
This appeal concerns the custody of the parties' minor son. The Plaintiff,
Tashfeen Solangi, (hereinafter referred to as 'Tash' for the sake of clarity) and the Defendant,
Kacey Croney, (hereinafter referred to as "Kacey"), were never married but had one male child,
Caleb Aaron Croney Solangi, between them, hereinafter referred to as 'Caleb,' born October 22,
2004. Caleb is the only son of Tash. Kacey Croney has another child also born to her out of
wedlock, a daughter born June 5, 1997, namely, Kaitlin Leigh Farmer. Kaitlin's father is John
Farmer, who was, at the time of trial, incarcerated in a Texas penitentiary after a conviction
related to illegal drugs.
After Caleb's birth Tash sought to work out either a relationship with Kacey so
that Caleb would be reared by parents who reside together or alternatively, some type of agreed
custody plan. In March of2009, Tash sought full custody of his son Caleb. This decision was
made because Tash was unable to continue to ignore Kacey's lifestyle which included the
following: I) allowing male friends to stay overnight at her home with Caleb 2) excessive
drinking in the presence of her minor children 3) neglect of Caleb's health and education 4)
inadequate parenting skills and 5) Kacey and Caleb's continued residence in a two-bedroom
apartment when her income level permitted moving into more suitable accommodations in a
safer neighborhood.
Tash had no choice but to file the compliant seeking full custody. Tash also
requested that Caleb's birth certificate be amended to reflect Tashfeen as Caleb's father and
'Solangi' as Caleb's surname.
B. PLAINTIFF'S CASE IN CHIEF
At the three (3) day trial of this case, Plaintiff called the following witnesses to
testify on his behalf:
a.
Tashfeen Solangi:
Tash is Caleb's father. Tash is employed at Enterprise Services branch head for
the Department of the Navy at Stennis Space Center in Bay St. Louis, Mississippi and has been
employed there for over ten years. He has a Bachelor's Degree in Computer Engineering from
Louisiana State University and a Masters in Business Administration from University of
Southern Mississippi. Tash testified that he works eight (8) hour days, five (5) days a week so
2
that he can spend time with Caleb in the afternoon. As a supervisor he is in control of his
schedule and seldom has to travel. His position allows him flexibility to leave work if Caleb has
an activity or becomes ill.
Tash testified that he has an extended family in the South Mississippi area. Tash
was born and reared in Mississippi and was thirty-three years old at the time of the trial. His
parents, Dr. and Mrs. Moby Solangi have also lived in Mississippi for over thirty-five years.
Tash has two sisters; one is married with family, and the other was in high school at the time of
trial. Tash testified that his family is very involved in Caleb's life, seeing Caleb daily when
Caleb is in Tash' scare.
Tash testified that he met Kacey in January 2001. Caleb was born in 2004. Tash
and Kacey were together on and off during this time frame. Due to religious, family, and
lifestyle differences, Tash ended the relationship at the end of 2003. Tash and his family place a
high priority on religion, while Kacey did not attend church or make her religion a priority
during the relationship. Kacey gave Tash an ultimatum to choose her or his family and he chose
his family.
After the couple broke up, Tash met and began a relationship with another woman
who was introduced to him by his family. They were from similar cultural, religious and familial
backgrounds, shared the same interests, had similar standing, and in February of 2004 became
engaged. The day after their February 2004 engagement party, Kacey informed Tash that she
was pregnant.
Since Kacey had seen other men during their relationship, Tash was unsure ifhe
was the child's father. Tash testified that he was very upset about the pregnancy because he did
not want his child to be born out of wedlock. Tash testified that abortion was never an option in
his mind. He testified that it was a very hard time for him due to his beliefs, that he did not know
how to handle the situation, but knew that he wanted to be a father. Tash ended his relationship
with the person to whom he was engaged.
Tash proposed marriage to Kacey at least 3 times after Caleb was born.
Tash wanted to be there for Caleb, to raise and guide him on a full time basis. He was present
for Caleb's birth and was involved as much as Kacey would let him.
Within a matter of days after Caleb's birth, Tash began going over to Kacey's
home, as many times as Kacey would allow. Tash bonded with Caleb during that time. Roughly
3
two months after Caleb's birth in December of 2004, Kacey began letting Tash bring Caleb to
his home in Long Beach to stay overnight alone with Tash.
During 2004, Tash spent Christmas with Caleb and saw Caleb at least every other
day. He would also keep Caleb at his home in Long Beach from Friday to Sunday. The rest of
the time Tash would spend the night at Kacey's house. During that time he did anything that had
to be done to take care of Caleb. Tash continued to pursue a relationship with Kacey, but in
December of 2006 Kacey informed Tash that she was in a relationship with Norm Schoenhardt,
one of her co-workers. Though Kacey refused Tash's attempts to repair their relationship,
Kacey's family were receptive to Tash's presence in her life and the stability he brought it.
During Hurricane Katrina, Tash insisted that Kacey and the children (both Kaitlin
and Caleb) evacuate. He helped them prepare, pack, and drive. Tash took Kacey, Caleb, Kaitlin,
and Kacey's aunt's family to Montgomery where he found two hotel rooms. Upon return after
the Hurricane and when Caleb began to lose weight and become sick, Tash took Kacey, Caleb,
and Kaitlin to Pensacola for about a month, until Tash and Kacey had to go back to work. When
they returned, Tash did whatever he could to help provide for Caleb, Kacey and Kaitlin. He paid
for most of their expenses out of his pocket because he was trying to do what was best for Caleb.
In 2005, Tash kept Caleb at his home every other weekend. During this time
period Tash would take Caleb to the park, picnics, swimming, and read Caleb books. Tash was
present for every significant milestone in Caleb's early life; his first haircut in July 2005, first
birthday, first time swimming, etc.
Under a more consistent schedule in 2006, Tash kept Caleb at his residence alone
every other week for six (6) days at a time, Thursday to Tuesday. In addition, he would visit
Caleb at Kacey's mother, Tricia Stockstill's trailer whenever he was allowed. In January of
2006 that year he became greatly concerned about Kacey's depression, her lifestyle, Caleb's
health, and home care. He discussed the situation with Kacey and her family and asked them for
help with Kacey. Despite his best efforts, the situation only worsened,
Tash testified that the Navy offered both he and Kacey respectively the
opportunity to lease a house, pay all the utilities, and then purchase the home after Katrina. Tash
took advantage of this opportunity, but Kacey did not. Tash leased a home in January 2006 for
six (6) months and subsequently purchased his new home, which is on a cul-de-sac in Long
Beach, MS. It has three bedrooms and two baths, a front and back yard, and is within walking
4
distance to the park. It is in a very safe and desired "bedroom community" with a low crime rate,
within the exemplary Long Beach School district, and houses many other children Caleb's age.
Tash testified that the home is five minutes distance from the home ofTash's parents. He offered
pictures of his house (See Exhibit 3) , which showed the swing sets that he built for Caleb, the
bird feeder, and the area where he and Caleb have one of their favorite activities-grilling
s'mores. He also offered pictures of Caleb's room (Exhibit 3) which has Caleb's own bed, 3
fish, a chalk board, a weather station, and many toys.
Tash plans activities for Caleb when he is in his custody some of which include
going to the library, fishing, running, finger painting, going to City Park, the Audubon zoo,
painting bird houses, LSU baseball games, high school football games, or feeding the birds. Tash
testified that he integrates learning with their activities at all times to cultivate a well-rounded
sensibility in Caleb. Tash has cared for Caleb in addition to regularly scheduled visitation
including care after all ofKacey's elective cosmetic surgeries. Tash had custody of Caleb for ten
(10) days following Kacey's second enhancement surgery so that she could recover.
In 2008, Tash was still getting Caleb for six (6) days out offourteen (14) from
Thursday to Tuesday, but Kacey requested that the days be changed to Wednesday to Monday to
accommodate the work schedule of Tricia Stockstill, Kacey's mother. Tash testified that he
would also see Caleb in the alternate week at Tricia's, over his lunch break or ifhe left work
early. During 2008, Tash took Caleb on a family vacation with his parents to Busch Gardens
and Sea World, attended the Long Beach pre-K program, gardened, bowled, flew kites, and
attended festivals, the City Park, Celebration in the Oaks, circuses, birthday parties, the
Aquarium of the Americas, and the Audubon Zoo in New Orleans. As in Katrina, when
Hurricane Gustov came, Tash took care of Caleb, Kacey, and Kaitlin. He convinced Kacey that
needed to evacuate and they went to Pensacola again.
In 2009, they continued the six (6) days out of fourteen (14) visitation schedule,
until Tash filed this paternity action and as a result, Kacey reduced Tash's schedule with Caleb.
Tash continued to visit Tricia's trailer to see Caleb in the alternate week. In 2009, even with
Kacey limiting the visitation schedule, Tash still did many activities with Caleb. Even though
custody time was distributed fairly evenly between both parents, Tash presented his diary during
trial to verify that the quality of care he provided was starkly different from Kacey's. The diary
is marked for identification as Exhibit 9.
5
In April 2009, Kacey asked Tash to pay $200 for the hospital bill from Caleb's
birth, to which he agreed and has paid any medical bills, prescriptions, and other expenses
presented to him. From 2004 until present Tash paid for everything when Caleb was with him,
including diapers, food, clothes, and paying $300 each month to Tricia Stockstill for day care,
and even provided Tricia additional money to help buy Caleb clothing and shoes.
When the lawsuit was filed, Kacey started changing the agreed times and dates.
Kacey advised Tash that she was in control and that is the way it was. Tash testified that in 2009
there were times that he could not find Caleb or Kacey when it was time for him to pick Caleb
up. Tash was relegated to calling and driving around in search of Caleb until eventually, later on
the evening, Kacey would call or show up with Caleb. Tash testified that Kacey would tell him
that he would get Caleb when she is ready. Kacey even had the police called on him when he
tried to pick up Caleb on one of the Court ordered days from pre-school. On that day, he went
to school at 12:00 p.m. for dismissal and Caleb was not there. He found out after the fact that
Caleb was sick and they had been at the doctor's office. He testified that he was consistently
\\<ulliCid
by Kac~y hidiug infonnation about his son.
Only because Kacey scheduled Caleb's required shots during Tash' s day to have
Caleb in August 2009, Tash found out that Kacey enrolled Caleb in a Picayune preschool.
Without any prior discussion with Tash, Caleb had been enrolled since April 2009, four (4)
months earlier. After learning ofthe Picayune enrollment, Tash decided to enroll Caleb at the
First Baptist Pre-school in Long Beach, to maintain stability while Caleb was with Tash. Even
though Caleb is in school for half of the day, Tash continues to pay Tricia the full $300 and all
medical bills presented to him. Kacey has refused to let Tash pick-up Caleb, even though it was
his pre-agreed upon visitation, for example Halloween of 2009. Kacey has constantly adjusted
the custody schedule and made unilateral decisions to serve her needs without involving Tash
throughout Caleb's life. Caleb was enrolled in kindergarten at the First Baptist School in
Picayune at the time of the trial.
Tash testified that Kacey's life style choices, Caleb's health and education, and
his home care situation forced him to come to court. Also, Caleb was at the age to start school,
and Tash wanted to enroll him in the best possible school district. He offered marriage to Kacey,
but was refused repeatedly. Tash is very concerned about Caleb, and continued to discuss the
problems with Kacey's family as well. He felt like she was not putting Caleb's wellbeing first.
6
Tash's concerns included Caleb's living situation at Kacey's home, (a two bedroom apartment at
the time of filing), Kacey's continued irresponsible behavior in allowing boyfriends sleep over in
the presence of minor children, Kacey continually putting herself and her needs above that of
Caleb, and Kacey continuing to ignore Caleb's need to expose him to activities and events to
further his growth and development.
Tash testified that ifhe had custody of Caleb, his entire family and friends would
assist him while he was at work. Tash testified to his present living situation and the community
in which he lived as discussed above.
Caleb's Health: Regarding Caleb's health, Tash is concerned that Caleb is
constantly sick with a runny nose, constant cough, allergies and ear infections. Caleb has been
on potent antibiotics for over a year now and Claritin, which are treating the symptoms only and
not the cause. Tash has talked with doctors and gotten an allergy test. The doctor suggested
secondhand smoke as a possible cause. Tricia Stockstill, Kacey's mother and primary caregiver
to Caleb while in Kacey's custody, testified to smoking around Caleb. Caleb's health record was
entered into evidence, and the doctor's letter that outlined Caleb's medical prognosis was marked
for identification as Exhibit 6. Tash wants to find the root cause of Caleb's health issues and
eliminate them, before long-term harm has been done.
Parenting Skills: Tash has always put Caleb first in his life. Tash has provided
structure and rules for Caleb, including putting God and family first. He shows him discipline
and has a reward system. Tash has changed his lifestyle for Caleb and puts Caleb's needs ahead
of his own. Tash is able to properly teach and discipline Caleb in a consistent and fair manner.
Health and morals. When Caleb was born, being a parent became Tash's #1
priority, as he knew that Caleb was going to look to him as an example. Tash testified that his
physical health is good. He eats healthy, and tries to make healthy choices like exercising. He
does not allow Caleb to be in situations where drinking alcohol or smoking will occur and also
avoids activities where drinking alcohol or smoking will occur in front of Caleb. Tash testified
that he has never had a girlfriend spend the night while Caleb was in his custody. Tash shows
Caleb through words and actions how he wants Caleb to be. His religious beliefs are that you
pray every day, either organized or individually with family, and thank God for everything you
have received. He prays at his family's house on Fridays, which is their holy day, at Tash's
home, and at their Mosque and they spend time together. Caleb participates with Tash and his
7
family and listens and learns.
Tash has concerns about Kacey's health, her violent mood swings, trouble at
work, and her lack of self-control. Tash testified that Kacey is also known to go out drinking
during lunch and has telephoned to inform him that she had to go back to work to sober up
before picking up the kids. He testified that this happened frequently.
Caleb's reaction to being returned to his mother. Tash also testified that when
he takes Caleb to Tricia's trailer Caleb gets very sad and emotional. He begins to cry, shake, and
begs to stay with Tash. Caleb has dry heaved, thrown up, and even has trouble any time he is
told that he is returning to Tricia's or Kacey's. Tash testified that Caleb misses him, wants him to
stay close, hold his hand, and gets nervous when he doesn't see Tash. Tash is forced to delay
telling Caleb when he has to return to Kacey's or Tricia's because Caleb will be upset the entire
day. Caleb begs and pleads to stay and only significant comfort from his father and aunt Sana
Solangi, Tash's younger sister will calm him.
Caleb's relationship with Sana. Tash described Caleb's relationship with Sana
Solangi, Tash's sister as very close. They play together more than a normal aunt and nephew,
with board games, on the trampoline, in the park, etc. Caleb and Sana are best friends.
Plans for Caleb. If Caleb was to live full time with him, he would go to school in
Long Beach, which is one of the best school districts in the State. Tash would strive to ensure
that Caleb would be God fearing, have a good self esteem, and be provided with the tools and
opportunities to grow and excel in life. Being born and raised in Mississippi and having grown
with individuals of many faiths and cultures, Tash is best equipped to teach Caleb how to
balance his faith and heritage. Furthermore, Caleb would be able to advance and progress in Tae
Kwon Do to a black belt, be able to work on project with Cub Scouts and progress to Boy Scouts
and eventually become an Eagle Scout, join a soccer and baseball teams with his friends and
Tash would coach, train and develop his ability to run in kids races and live a healthy lifestyle by
living in a clean smoke-free environment and eating home cooked meals and vegetables that
Caleb has prepared. These are all goals that Caleb has set for himself, that by Caleb being with
Tash he will be able to achieve. These in turn would ensure that Caleb would be a
compassionate, successful member of society. Tash testified that Caleb is very impressionable
and sees his dad as a role model. The more time he has been given with Caleb, the more Caleb
thrives and Tash fears Caleb will regress without his father's constant care.
8
Tash does not want Caleb to be out ofKacey's life and hopes that maybe Kacey
and Caleb can have a better relationship than they have today. However, the most important
thing is that Caleb has a stable/nurturing environment, in the same house, same room, same
school, and he believes that he can provide Caleb with the consistency and growth opportunities
necessary to succeed in life.
b.
Angie Petrolia
Angie introduced herself as a stay at home mom with a Masters Degree in Speech
Pathology and good friend of Tash' s She is married to Dr. Daniel Petrolia, a professor in
Agricultnral Economics at Mississippi State University. Both have known Tash since 1996 when
they were all students at LSU. Angie testified that she has three children, ages four (4), three (3)
and two (2) at the time of trial who are all close friends with Caleb. Angie testified to the vast
number of activities that she and her family do with Tash and Caleb, like birthday parties,
attending the Lynn Meadows children museum, the Audubon zoo, Aquarium of Americas, and
playing games with the children. She testified that Tash's home is clean, neat, kid friendly, and
that Caleb has his own space. She testified that Tash' s morals are in line with hers, that family
comes first, and you do what is best for them. She testified that children should be raised in a
stable environment. She has observed Tash's parenting skills as relaxed and fun. She testified
that Tash is very gentle with Caleb and that they interact a lot. She testified that Tash keeps
Caleb occupied and teaches him things. She testified that Tash makes sure that Caleb's
vocabulary is growing and that his disciple is gentle. Angie describes Tash as a good, cahn
influence on Caleb. She testified that Caleb is very connected to his dad and seems really happy.
She testified that she observed a change in Tash's life when Caleb was born. She
testified that Tash never drinks while he has Caleb and puts Caleb first. Regarding Tash' s
mental and physical health, she testified that he is a runner, watches what he eats, and is wellrounded and stable. She testified that a good parent is someone who is loving, puts the child
before everything else, and provides a stable home and routine. She believes that Tash is
absolutely a good parent and sees no reason why Tash should not be a full time parent.
c.
Sana Solangi
Sana introduced herself as Tash's younger sister, age 16 at the time of tria!. She testified
that her house is roughly 5 minutes away from Tash's house and she has a close relationship with
her nephew. Sana testified that she and Caleb do a lot of activities together, like visiting the
9
Lynn Meadows Discovery Center, library, board games, Star Wars, Legos, Disney World, Sea
World, and Busch Gardens. She bore witness to numerous times when Caleb reacted violently to
news that he had to return to his Kacey's after being with his father. She witnessed Caleb was
panicked, scared, crying, and once even made him self throw up he was so upset.
d.
Sylvia Seal
Ms. Seal introduced herself as a colleague and good friend to Tash, who resides
in Picayune, Mississippi. Ms. Seal has reared a son in part by herself as her husband is now
deceased. Ms. Seal is an active member of the First Baptist Church of Picayune. She testified
that she and Tash were friends and that while Tash has custody of Caleb she has never stayed
late, or spent the night at Tash's house when Caleb was present. She has never seen Tash smoke
or drink in Caleb's presence, and she has never even seen Tash smoke or drink in excess in her
presence. She has spent time doing activities with Tash and Caleb and has observed that they
have a very close relationship and Tash spends a lot oftime with Caleb. She testified that Tash
does not have "daddy time" when he has Caleb, it is all Caleb time. She testified that Tash has
positive reinforcement rules for Caleb, that they talk about making healthy choices and eating
healthy food. She also testified that Tash's physical health is very good. He runs and goes to the
gym both at work and in Long Beach. She has never seen Tash depressed or upset and describes
him as a very calm person who calms people around him. Regarding Tash's morals, she testified
that Tash puts God first, family second, and career third. He prays every day and asks God to
put him on the right path and for God to guide his decisions towards what is right for Caleb. She
testified that Tash' s home is always very clean and that Tash is a very neat and clean person.
Sylvia also testified to concerns about Kacey. Ms. Seal also works at Stennis Space
Center for Lockheed Martin and was the former supervisor to Greg Ip and Norman Schoenhardt,
(both witnesses for Kacey who admitted spending the night with her when Caleb was in her
custody). Sylvia observed Kacey, Norm, and Greg going to lunch and returning late at least once
a week from 2005 to 2008. Kacey, at times, would come back to work drunk, with slurred
speech and unable to walk. She reported the situation to Lockheed Martin and told them that she
could not sign their time cards anymore. One day after Norm had already switched jobs, Sylvia
observed him after lunch holding Kacey up and trying to get her through Kacey's office door.
e.
Lori Cripple
Mrs. Cripple introduced herself as Tash's neighbor. She testified that she has a
10
Master's Degree in Counseling and Psychology. She is employed part time by the First
Methodist Church of Long Beach but works mostly from home. She is married with two
children, ages 4 and 2, whom are very close friends of Caleb. She has known Tash since they
grew up together in Long Beach, and they do as much as they can together with their families.
She testified that she has never seen Tash smoke or drink when he has Caleb. She
testified that Tash has Caleb every other week, and they get together as much as they can in that
week, usually 5 of the 6 days. Her children love Caleb, and he is their favorite friend. She
described Tash's home as clean, uncluttered, with nothing inappropriate, full of pictures of
Caleb, and Caleb's room as clean and organized with lots of toys. She testified that morals drive
the way that someone lives and makes decisions. She has observed Tash's morals in the
decisions he makes. She said that Tash decides both where to eat and what activities they do
based upon what is best for the kids. She described his parenting skills as very patient, observing
that Tash never yells and is comforting when Caleb gets hurt. If there is a fight over a toy, he
explains what happened, and makes sure that everyone is okay to continue playing. She testified
that Tash has rules for Caleb which are not all serious, some are fun. She testified that she and
her husband use Rule 9 on their own kids, which is "Don't start games that are going to end
badly." She testified that she has never seen Caleb without Tash and that her girls have gone to
Tash's house even when Caleb is not there, as Tash has babysat for them. She testified that
Caleb trusts Tash completely and is never uncomfortable around him. Regarding the emotional
ties of Tash and Caleb, she testified that they are very loving, very comforting, and very bonded
together -that they have a great relationship.
Regarding Tash's physical health, she testified that he runs, stays very active,
does lots of races, eats very well, and cooks healthy dinners for himself and Caleb. Regarding
his emotional health, she testified that he seems mentally stable, very logical, that he thinks about
his actions before he does anything. She had not witnessed any signs of instability in Tash.
She described their neighborhood as a relatively new extension to an established
neighborhood without significant traffic. Ms. Cripple testified there are a lot of kids, and that
they can walk to the nearby park. Ms. Cripple testified that the schools are very good.
She
believes that Tash is a good parent because he plans everything around Caleb. Every minute they
are together they are doing something fun, and he bases his decision on Caleb's wants and needs.
She has witnessed Tash teaching and encouraging Caleb, and she testified that Tash is a good
11
parent because he makes Caleb his whole life. She testified to the flexibility ofTash's work
schedule and that Tash no longer takes work trips due to his recent promotion. She testified that
she would love for Caleb to come to her house after school if he goes to school in Long Beach
and offered to pick Caleb up from school if Tash is working because Caleb would be in the same
class as her daughter, Kalyee.
f.
Ruby Blackwell
Ms. Blackwell introduced herself as the director of First Baptist Pre-School in
Long Beach, MS. She testified that Caleb comes to school Thursday, Friday, and Monday twice
a month. Regarding Caleb, she testified that he is healthy, polite, intelligent, well behaved, and
well rounded. She testified that Caleb has no discipline problems and gets along well with
friends and teachers.
Regarding Tash, she observes him to be a very loving, kind father who cares
about the growth and welfare of his child. Tash sees that Caleb gets everything he needs to be a
well adjusted young man and offers his assistance to her in any way. She testified that Tash
participates in the school's parent involvement and always wants to take an active role. She
testified that the public schools in Long Beach are excellent schools with an outstanding
reputation, as there are several level 5 schools and only one level 4 school in the district.
g.
Dr. Moby So\angi
Dr. Solangi introduced himself as Tash's father and has been a resident of
Mississippi since 1974. He received his Ph.D. in marine biology from the University of
Southern Mississippi in 1980. He is an adjunct faculty member at USM, MS State, and LSU.
He is currently the President and Executive Director ofthe Institute for Marine Mammal Studies
in Gulfport, Mississippi. Dr. Solangi is married to Fauzia for over 35 years, and has two
daughters and a son.
He admitted that when he found out that Caleb was going to be born it was very
difficult, shocking, and he was disappointed because it was contrary to the family's religious
beliefs. He testified that his family did not believe in having children out of wedlock. He had
never had to deal with this in his family, but he also U1iderstood that his son recognized his
mistake. He tried to work with him to help Caleb. He testified that he and his family were at the
hospital when Caleb was born. He testified that Tash started bringing Caleb to Long Beach
when he was 3-4 months old. When Tash went to work he and his wife would help take care of
12
Caleb. He testified that he does not drink, smoke or gamble, and that Tash has never drank or
smoked or gambled in front of him. He testified that their family is Muslim and they hold
services at his house every Friday and also attend their Mosque in New Orleans. He described
their religion as believing in one God, all prophets, books, angels, the will of God, and that the
tenants ani almost the same as Christianity, namely that if you love God, God will help you, be
kind, lead by example, and the golden rule. He testified that they pray regularly, 5 times a day,
and have a very firm belief that the Almighty will sustain them. He has one room in his house
dedicated to prayer and reflection, but praying does not have to be in a structured setting. He
testified that there is a very small community of Muslims on the coast and they get together with
other Muslims at least monthly.
Dr. Solangi testified that when Tash has custody of Caleb, they are absolutely
busy, they do a lot together and it is a lot of fun. Caleb and Dr. Solangi play games, go fishing,
boating, play thumb wars, swimming, go to Sea World, Bush Gardens, and that all of his
children had a desk at his office with crayons and so does Caleb. They interact as an entire
family. Dr. Solangi testified that he has been impressed by Tash's parenting skills. He testified
that he and his wife hoped as parents that they set a good example and he believes that they did
because of what Tash does with Caleb. Dr. Solangi testified that he changed his life when Tash
was born, that he came to this United States very poor and that this country has been good to
him.
Regarding Tash and Caleb's emotional ties, Dr. Solangi testified that you cannot
separate them, and that he doesn't think that he had as good of a relationship with Tash. He
believes that Tash does a better job as a parent than Dr. Solangi did with his children. Tash is
very protective of Caleb and has done a very good job as his father. Dr. Solangi testified
regarding his concerns for Caleb's health. He testified that over the past few years, every time
he picked Caleb up from Tricia's he was coughing and sneezing. He has a constant cough and
runny nose and Dr. Solangi considers it a very serious situation that he has also been repeatedly
put on very potent antibiotics. Furthermore, there are no other children around and there was
only a small area for Caleb to play or he was set in front of the TV. However, the most
heartbreaking thing is when he has to take him back to his mother's, Caleb will start crying and
start associating Dr. Solangi with the person that is taking him away from his father. He testified
that he has never picked Caleb up from Kacey's house and that Tricia has been the primary
13
caretaker when Kacey has custody. Caleb has a very small room at Tricia's trailer, where he
seems very accustomed. His observation is that Tricia' s trailer is where Caleb spends most of
his time and there were no other children around. He testified that he is concerned about the
constant smoke at Tricia's and has asked Tash to handle it. His other concerns are that Caleb has
been exposed to other gentlemen staying the night while in his mother's custody and that Caleb
had some developmental issues prior to going to pre- K. Dr. Solangi testified that Tash lives in a
very nice neighborhood on a cul-de-sac with tons of kids. He testified that if Tash was awarded
custody, both Dr. Solangi and Fauzia would love Caleb and help take care of him.
Dr. Solangi indicated that Caleb was at crossroads, and that there are two distinct
directions for Caleb to take. He indicated that Tash would provide a stable home, disciplined,
fun environment, and provide better opportunities and developmental support. Caleb would be
given very loving care and the family would fully support him. In this regard, he mentioned that
he had already stated a trust fund for Caleb's higher education.
Dr. Solangi also testified that he has lived in Long Beach since 1981, when he moved
there from Ocean Springs. He is familiar with the school systems and chose to put his children in
public schools because they were level 5 schools. As a result, all of his children tested in the
95% range on the standardized national testis.
He testified that Caleb calls his wife De-da and they cook together, play and practice
Tae Kwon Do. They have two grandchildren and they are very proud of both ofthem. Dr.
Solangi hopes that Caleb carries the family name and becomes a very successful, young man.
He describes the purpose of his first ever meeting with Kacey and her family around MarchApril of 2004 was to get to know them. He believes that marriage is a sacred trust and between
families, not just individuals and that the couple cannot live in a vacuum. Dr. Solangi stated that
he does not believe or has ever advocated abortion He said that his son cried, prayed, and
sought counsel, as he had never dealt with a problem like this before. He testified that he was
never disrespectful to Kacey and never questioned her. He only questioned Tash because he
believes it was Tash's responsibility, as a 27 year old man. Dr. Solangi insists that he has left
Tash's relationship with Kacey up to Tash, but that he and his wife, Fauzia had reached out to
Tricia as fellow grandparents. However, based on the refusal to their repeated invitation to
Kacey's family to come to their home, both Dr. Solangi and his wife feel unwelcome by them.
He also testified that he gave Kacey a $500 gift after Caleb was born, as it is tradition in his
14
culture to get a gift for the new born, and he did not know Kacey's preferences. Dr. Solangi
disagrees that the care that Tricia provides Caleb is good care because of the constant smoke and
constant sickness, sticking him in front of the TV and not allowing him to play with other
children, and not doing any activities with him. He also testified that in addition to paying Tricia
$300 per month, Tash has Caleb about half of the time and pays for everything, and does all of
the long distance pick-up and drop-off driving when he has Caleb. Dr. Solangi stated that he did
not agree that Kacey has been more than fair because she has made unilateral decisions and has
taken Caleb away from Tash, even when they already had family plans. He is also concerned
that when Kaitlin's father gets out of prison in October, that he will be interacting with Caleb.
Dr. Solangi testified that Caleb was doing very well at school in Long Beach and is
smart, but has deficiencies in certain areas that he could improve. He believes that it is a parent's
job to raise a child and that his job is to love and support Tash and advise him. He sees Tash
quite often, sometimes on a daily basis, as he lives 5 minutes away. Dr. Solangi clarified that he
does not think that Caleb was a mistake, but the way he was brought into this world was a
mistake. He believes that children are a blessing and they love Caleb very much.
h.
William Gasparrini, Ph.D., ABPP:
Dr. Gasparrini introduced himself and was admitted as an expert in clinical psychology.
He observed Tash and Caleb interacting on four (4) occasions, at his office, at Tash's home, at Dr.
Solangi's home, and at Long Beach preschool. He testified to his professional opinion that Tash is
an excellent parent as he models and teaches by both example and rule, has pro-social values, like
telling the truth and respecting authority, obeying elders, speaking up, be very social with people
and interacting, and taking time with family. His opinion is that Tash does a great job with Caleb
and teaches him about what is right and wrong, as well as engaging Caleb in sports, recreation,
exercise, and healthy diet. He has observed Tash and Caleb's interaction and testified that they
get along great. They laugh and play and are very close and affectionate. They talk about the trips
they took, sports, running, and interests in movies, like Star Wars, toys, and playing. Dr.
Gasparrini also testified that his wife taught at Long Beach schools for years and the schools have
a good reputation. He described Tash's home environment as very child centered, with Caleb
having his own bedroom, toys, books, pictures, prizes, and backyard. He testified that Tash has a
real good home in a nice neighborhood with lots other children and the activities are centered on
Caleb's interests. He testified that the research on boys and their fathers' shows that absence is
15
harmful in many ways and that boys don't develop as well morally and academically. If there is
only occasional visits or interference with visits, on average fathers become uninvolved within 7
years and it is harmful, especially to boys. He also reviewed the reports of Dr. Galloway, who
shared Tash's concerns about Caleb's care with his mother and grandmother, and Dr. Bruni, who
suggested that Caleb should not be exposed to cigarette smoke.
Regarding Tash's physical and mental health, Dr. Gasparrini testified that Tash is
interested in being physically healthy and fit, and tries to eat healthy and runs. He has appropriate
moral values, is neat, well organized, and hard working. He seems to be a very good parent and is
capable of providing a stable home. Dr. Gasparrini testified that Caleb talks about and enjoys the
children his age that are his friends while he is at his father's house.
C. DEFENDANT'S CASE IN CHIEF
At the three (3) day trial of this case, Defendant called the following witnesses on
her behalf:
a.
David Malley
Mr. Malley identified himself as Kacey's supervisor since 2006. After being read Kacey's
deposition testimony where in she admitted drinking 3-4 glasses of wine at lunch and returning to
work to "sober up" before she went to pick up her kids, Mr. Malley admitted that would not be
proper conduct on behalf of Ms. Croney. Mr. Malley was not listed as a potential witness on
Kacey's answer to Tash's discovery requests prior to trial.
b.
Sharon Madere
Ms. Madere identified herself as Kacey's former supervisor and testified that she hired
both Kacey and Tash. She admitted that Tash is a branch head and has moved up at Stennis. She
admitted that Kacey would come back from lunch late sometimes. She admitted that it is never
proper behavior to go to lunch and drink 4 glasses of wine. She also testified that Tash had
pictures of Caleb on his desk at his old desk and would email her pictures of Caleb, while Kacey
does not have pictures of her children on her desk. She testified that Tash is very proud of his
relationship with Caleb and it is very important to him.
c.
Desalie Bonano
Ms. Bonano identified herself as a Licensed Clinical Social Worker hired by Kacey
Croney to evaluate Caleb's recent change in behavior. She testified that she engaged in play
16
therapy with Caleb and he did not present any issues for her to address. He seemed healthy,
happy, and well adjusted. During the session where they play house, Caleb chose to play at his
father's house. When they were playing games, Caleb chose to play Candy land because that is
the game that he and Sana play together. Deslie also testified that Kacey reported to her that she
suffered from depression.
d.
Beth McGregor
Ms. McGregor identified herself as Kacey's daughter's father's mother. She testified that
her son, John, is in the State Penitentiary in Texas on drug related charges. She testified that it is
wrong to have someone of the opposite sex spending the night when unmarried while children are
present. She testified that it concerns her that Kacey was doing this, and that it is not a good
example for the children. She also testified that is wrong to drive with a suspended drivers
license, and that all Kacey had to do was cal1 her and she would have driven her. She also
testified that it is not appropriate for work or parenting and not good procedure for someone to go
to lunch and drink 4 beers and go back to work. She testified that Kacey has never taken Caleb
or Kaitlin to the zoo or library. She testified that she is concerned about Kacey's parenting skills
after being informed that she woke Kaitlin up in the middle of the night to go to Chalmette to pick
up Norm, because he was too drunk to drive home. She agrees that it is not wise for a parent to
live with two children in a two-bedroom apartment when they can do something else and it causes
her concern that Kacey did this. She admitted that based on the above, Kacey is not making a
good example for Caleb and Kaitlin.
e.
Patricia Stockstill
Tricia identified herself as Kacey's mother. She resides in a trailer in Picayune, MS with
Johnny Beard, who she is not married to and been living together outside of wedlock for over
eleven (11) years. She keeps Caleb Monday, Wednesday, Thursday and Fridays when he is not
with this father, while Kacey is at work, and has done so since he was 2 months old. She
admitted that she has been the primary caretaker for Caleb. She testified that she and Tash got
along very well and that he was very kind to her. She also testified that Tash was very involved
with Caleb from the time he was born, and she thought Tash was a good parent and thought that
he tried and took good care of Caleb and exposed him to good things. She admitted that Tash took
care of Kacey, Caleb and Kaitlin after hurricane Katrina. She admitted that it was not proper for
Kacey to get up Kaitlin in the middle of the night and go get Norm after he had been drinking and
17
bring him back to her apartment. She admitted that Kacey is not setting a good example by
having Norm and Greg spend the night at her apartment and it is not proper behavior. She
admitted that Kacey should have informed Tash prior to enrolling Caleb in pre-school and that it
was not proper parenting skills. She testified that she and Ruby Croney are on the list to pick
Caleb up from school, but not Tash.
She testified that she discussed her concerns about Kacey
dating Norm with Tash. She also testified that she is a smoker and smokes around the children,
inside her trailer, inside her vehicle, and outside in front of the children. She testified that Tash
brought both she and Kacey mother's day gifts.
f.
Kacey Croney
Kacey identified herself as Caleb's mother and Tash's ex-girlfriend. Kacey testified
working for the US Navy at Stennis Space Center. She has another child, Kaitlin, age 13, who
was also born out of wedlock and whose father is in prison on drug related charges, but is
expected to be released in October 2010. She testified that Tash has been paying her mother
Tricia $300 a month to keep Caleb during the day so that he does not have to go to day care. She
admitted that her boyfriend Norm would spend the night with her at least 3 times a month when
Caleb was present. She admitted to having 3-4 glasses of wine on her lunch break and returning
to work to sober up, and then picking up Kaitlin and Caleb and driving them to her apartment.
She admitted to weighing 110 Ibs, however, she denied being drunk. She admitted to knowingly
driving with a suspended license for 2-3 months and that she borrowed money to have multiple
breast implants and liposuction, but she was not able to pay for her speeding ticket. She admitted
to having breast implant and tummy tuck surgery in July 2007 and revision surgery in February
2008, costing over $12,500.000, while she lived in a two bedroom apartment with her two
children. She also admitted to choosing to stay in a two-bedroom rental after she sold her land for
$15,000.00, which she testified to spending the money before paying for her elective surgeries.
She admitted that Tash bought a home after Katrina in a nice, single-family home neighborhood
and he has a yard where Caleb can play and a nice room to keep his toys. She admitted that Tash
does a really good job parenting and that she has never taken Caleb to the library, and she had
never taken Caleb to the zoo before the suit was filed and has never taken Caleb on any trips. She
admitted that Tash told her many times that he wanted to get married and she told him that she did
not want to. She admits that she did not regularly attend church. She admitted that she does not
have an objection to Tash's name being on Caleb's birth certificate. She admitted that Tash took
18
care of her, Caleb, and her family after Katrina and brought her family supplies and gas. She
admitted to having sexual intercourse with Norm while Kaitlin and Caleb were present. She
admitted that this past mother's day, even though it was Tash's day to have Caleb, he brought
Caleb to her for a visit and brought mothers day gifts. She admitted that she did not take Caleb
to Tash' s for father's day 2008 and did not bring gifts. She admitted to waking Kaitlin up in the
middle of the night to drive to New Orleans to pick up Norm, and have him stay at the apartment
with them, because he was too drunk. She admitted to taking Tash off of the list to pick Caleb up
from school and to calling the police on him when he tried to pick up Caleb on his day because
they had not agreed on a time. She admitted to telling Tash via email that she had full custody of
Caleb and he would do what she said. She admitted that she did not see any problem with having
children out of wedlock.
D. POST TRIAL
On June 15, 2010, Chancellor Johnny Williams handed down his Findings ofFacts,
Conclusions ofLaw, and Final Judgment that awarded joint legal custody of Caleb to both parties
but vested primary physical custody in Kacey subject to standard visitation with Tash. The Court
found all Albright factors to be neutral except continuity of care. The Court ordered the
following: That Tash will be allowed custody of Caleb every other weekend commencing Friday
evening at 6:00 p.m., and ending Sunday evening at 6:00 p.m. Tash and Kacey will alternate
Thanksgiving and Christmas holidays with Tash receiving custody of Caleb begiuning at 6:00
p.m., on the day before the holiday, and ending at 12:00 p.m., on Christmas or Thanksgiving Day.
Each parent will get custody of Caleb on Mother's Day and Father's Day respectively, and will
alternate custody on each of their birthdays. Kasey will be entitled to custody of Caleb for the
first two (2) weeks of June, and the parties will alternate, giving Kasey custody of Caleb the first
two (2) weeks of July. Otherwise Kasey will receive custody the last two (2) weeks in July,
giving Kasey custody a total of four (4) weeks each summer. See Findings of Facts, Conclusions
of Law and Final Judgment filed on June 15,2010. Tash filed a Motion for Reconsideration.
The Court on August 23, 2010, entered an Order which changed the decree as
follows, to wit: 1. Allowed the Plaintiff to change the name of the minor child over the
objection of Defendant to insert her name as a given name of Caleb. (Note this relief was not
requested in pleadings or argued) 2. The Court declined to reverse the Albright analysis however
expanded Tash' s visitation stating that Tash would receive the entire summer visitation however a
19
careful review of the Order determines that Kacey will receive two weeks in June and July of
each year so that Tash actually received one-half of the summer break. The Court did further
expand Tash's visitation however said visitation is still just reasonable visitation. 3. The Court
declined to reconsider attorney's fees. 4. The Court increased the child support obligation of
Tash. 5. The Court provided that each party should split the tax deduction. 6. The Court denied
the request for a cell phone for Caleb. 7. The Court further specifically provided that "That Tash
shall have as much time as possible with the minor child as long as it does not interfere with
Caleb's education." (See Transcript of Hearing on Plaintiff s Motion for Reconsideration, attached
hereto as Exhibit "A", page 7, line 17.)
The Final Judgment only heightened the discord between the parties, as it gave
Kacey the impression that she was vindicated by the court for all her actions brought up during
trial. Tash must now fight tooth and nail for even the smallest request from Kacey and often she
will listen to nothing else but court action. Tash has been forced to make formal requests that
Kacey abide by the Court's orders as evidenced in his Complaint to Cite Defendant for Contempt
of Court, Second Complaint to Cite Defendant for Contempt of Court, and Motion to Compel the
Defendant to Sign and Complete Paperwork Necessary to Obtain the Minor Child's Passport.
Even after a year of requests, Kacey has yet to give Tash access to the minor child's insurance
card. Tash eventually requested interlocutory relief to compel Kacey's cooperation in obtaining
the minor child's passport which the lower court granted and currently awaits review in the
Supreme Court of Mississippi.
SUMMARY OF THE ARGUMENT
The Findings ofFact, Conclusions ofLaw, and Final Judgment is manifestly wrong in
both application of legal standard and interpretation of the evidence presented at trial. The
Chancellor's erroneous Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983) analysis led to
his insufficiently corroborated custody determination and as such this Court should reverse and
render this decision. It is in the best interest of Caleb that Tash be awarded his custody subject to
the visitation rights ofKacey. Kacey should be required to provide Tash with the minor child's
important legal documents, pay unto Tash an appropriate sum of child support, and be required to
pay the Tash's court costs and attorney's fees associated with this action.
ARGUMENT
20
I. CHILD CUSTODY
1. Tash has an equal right to custody of Caleb, and the Court should look at the best
interests of the child in determining his custody.
It is never a simple task determining the custody of a child born out of wedlock.
Reed v. Fair 566 So.3d 577 (Miss. Ct. App. 2010, Griffis, J. Specially Concurring). The present
case is no exception, which only serves to magnify the child custody polestar consideration, what
serves the best interests of the child. Rushing v. Rushing, 724 So. 2d 911, 916 (Miss. 1998).
Unmarried fathers and mothers alike share potential to serve as primary custodians to their minor
child, as set forth in Brown v. Crum, 30 So.3d 1254 (Miss.App.2010):
In Smith v. Watson, 425 So.2d 1030, 1033 (Miss. 1983), the supreme court stated
that in custody dealings involving a child born out of wedlock, "upon
acknowledging the child as his own, the father has an equal claim, with the mother,
to the parental and custodial rights to the child."
The proper legal standard to be applied in making a determination of the custody
of a child born out of wedlock, who has been acknowledged by the father and
where there has been no prior determination of custody, is the best interest of the
minor child. Law v. Page, 618 So.2d 96, 101 (Miss. 1993). Thus, "the father is
deemed on equal footing with the mother as to parental and custodial rights to that
child." Id.
A court determines which parent will be awarded custody by analyzing each of the factors set
forth in the case of Albright v. Albright, 437 So. 2d 1003,1005 (Miss. 1983). Norman v. Norman,
962 So. 2d 718, 720 (Miss.Ct.App. 2007). The Albright factors are:
1) age, health and sex of the child;
2) determination of the parent that had the continuity of care prior to the
separation;
3) which has the best parenting skills and which has the willingness and capacity
to provide primary child care;
4) the employment of the parent and responsibilities ofthat employment;
5) physical and mental health and age of the parents;
6) emotional ties of [the1parent and child;
7) moral fitness of [the1parents;
8) the home, school and community record of the child;
9) the preference of the child at the age sufficient to express a preference by law;
10) stability of home environment and employment of each parent; and
11) other factors relevant to the parent-child relationship.
Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983).
21
By finding continuity of care in favor of Tash the Court has refused to recognize
that Tash has an equal right to custody of Caleb as does Kacey. Further Tash had to "fight tooth
and nail" for his rights to the child. There was no prior order of custody and the parties should
begin this litigation equal.
2. The Court erred in awarding custody to Kacey as the overwhelming evidence shows
that it is in Caleb's best interest that this custody be awarded to Tash.
Tash called the following non-family witnesses to testify:
1. Angie Petrolia, a stay at home mom who testified as to Tash' s home, morals
and parenting skills.
2. Sylvia Seal, a colleague and good friend to Tash, and a mother. Sylvia testified
to Tash's morals, his parenting skills, Tash's home, Tash's health.
3. Lori Cripple, a neighbor, who testified to Tash's home and parenting skills.
4. Ruby Blackwell, the director of Caleb's day care, who testified to Tash's
parenting skills.
5. William Gasparrini, Ph.D., ABPP, who was admitted as an expert in clinical
psychology and testifies to Tash's parenting skills, relationship with Caleb.
Kacey called three non family witnesses:
I.David Malley, who testified to nothing about Kacey as a mother and
admitted that certain behavior ofKacey's such as drinking 3-4 glasses of
wine to work was not proper.
2. Sharon Madere Sharon did not testify to Kacey's parenting skills or home but
did testify that Tash is the parent who had pictures of Caleb on this desk.
She testified that Tash was very proud of Caleb. She testified that Kacey
had admitted drinking at work.
3.Deslie Bonano a Licensed Clinical Social Worker hired by Kacey Croney to
evaluate Caleb's recent change in behavior who testified that Caleb seemed
happy and well adjusted. Further she testified that when Caleb and she
played he wanted to play Candy Land because if was the game he played
at his dad's home with his aunt. Ms. Bonano further testified that Kacey
admitted that she had depression.
Kacey called three witnesses with familial ties:
22
4. Marsha Beth McGregor paternal grandmother to Kacey Croney's older
daughter Kaitlin Leigh Farmer. She testified that she had known Kacey
since she was in high school and about Kacey's relationship with her son
John Ashley Farmer, Kaitlin's father who was serving term in Texas'
Bradshaw State Penitentiary at the time of her testimony on a drug
conviction. She initially testified that Kacey was a good mom, and both
children get along. However, she testified that she had had no recent
observations of Kacey and Caleb's interactions or of Kacey's parenting
skills with Caleb. She further expressed disappointment in Kacey as a
mother when she learned Kacey had driven the children while carrying a
suspended driver's license, allowed adult men to sleep overnight in
Kacey's home with the children present, and consume alcohol during
working hours.
5. Patricia Stockstill Kacey's mother who frequently keeps Caleb after school.
She testified to smoking in Caleb's presence. Though she defended her
daughter's right to have adult males visit overnight with the children
present since Tricia herself has cohabitated with a man to whom she is not
married for over twelve (12) years, she admitted that such action is
"improper." She witnessed Tash calming a crying, screaming Caleb who
refused to return to Kacey's care with Tricia. Tash instructed Caleb to be a
good boy and go with his grandmother into Kacey's care.
6. Kacey Croney
In an analysis of the testimony no non-family member testified as to Kacey's
parenting skill, her morals, her ability to provide quality care for Caleb, and Caleb's health. Yet
Tash had five (5) non-family witnesses to testify to those facts. The evidence supports and award
of custody to Tash and certainly not Kacey. In this case the overwhelming weight of the evidence
supported an award of custody to Tash.
3.
The Court found the following concerning the Albight factors.
a. Age, Health, and Sex of the Children: The Court found this factor neutral.
b. Continuity of Care: The Court found this factor to favor Kacey.
c. Parenting Skills: The Court found this factor neutral.
d. Willingness and Capacity to Provide Primary Care: The Court found this factor
neutral
23
e. Employment of the Parent and Responsibilities ofEmployment: The Court found
this factor to be neutral.
f
Mental and physical Health and Age of the Parents: The Court found this factor to be
neutral.
g. Emotional Ties with he Parent and Child: The Court found this factor to be neutral.
h. Moral Fitness of the Parents: The Court found this factor to be neutral.
i. Home, School, and Community Record of the Child: The Court found this factor to be
neutral.
j. Preference of the Children at Appropriate Age: The Court found this factor to be
neutral.
k. Stability of the Home Environment: The Court found this factor to be neutral.
I. Other Relevant Factors: The Court did not consider the best interests of the child.
4.
The Court should have articulated how it found these factors to be equal.
Parra v. Parra 65 So.3d 872 (Miss. Ct. App. 2011), provides "[i]t is reversible
error ifthe chancellor does not articulate the reasoning behind the finding for each Albright
factor." Norman v. Norman, 962 So.2d 718,720 ('1[6) (Miss.Ct. App. 2007) (citing Davidson v.
Coit, 899 So.2d 904, 911 ('1[18) (Miss.Ct.App. 2005». In this case the Chancellor simply found
,
that the Albright factors were equal and did not articulate how he found these factors equal
despite the evidence that was submitted at trial. Further this Court found its Findings ofFact and
Conclusions ofLaw pg 209 that the court's custody determination was based on the "totality of
the circumstances." Though later, the Court claims that "because Kacey has maintained primary
physical custody of Caleb for most of his life ... she will continue to be awarded primary physical
custody." Id. The Court found all ofthe Albright factors except one to be equal and upon that one
awarded custody.
The Supreme Court has carefully reviewed a lower Court's analysis of the Albright
factors. We ask that this Court analyze the case of Lawrence v. Lawrence 956 So.2d 251
(Miss.App. 2006) in which the Court found that The Albright factors are a guide. They are not
"the equivalent of a mathematical formula." Lee v. Lee, 798 So.2d 1284, 1288 ('1[15) (Miss.
24
2001). In this case the Court fonnd all Albright factors equal except for one. The Chancellor's
ruling, as in Lawrence, requires careful and detailed examination by the reviewing Court.
A. ALBRIGHT ANALYSIS
The Mississippi Supreme Court limits the standard of review in domestic relations
matters and a Chancellor's findings of fact in these matters "Will generally not be overturned by
this Court on appeal unless they are manifestly wrong." Cuccia v. Cuccia 2010-CA-00083-COA
(Miss. Ct. App. 6-14-20 11)(citing Fancher v. Pell831 So.2d 1137, 1140 (Miss.2002) and
Nichols v. Tedder, 547 So.2d 766, 781 (Miss. 1989)) "However, if a chancellor's decisions are
manifestly wrong, unsupported by substantial credible evidence, or based upon the application of
an erroneous legal standard, the chancellor's findings may be set aside on appeal." /d.
In the
present case, the overwhelming weight of the evidence supports vesting primary custody of Caleb
Croney Solangi with his father. Though the Chancellor made specific findings as to whom each
Albright factor favored, he erred in analysis and consideration of the Albright factors pursuant to
evidence as well as testimony and should be reversed as stated in Fulk v. Fulk 827 So.2d 736
(Miss. Ct. App.2002):
However, where the chancellor improperly considers and applies the Albright
factors, an appellate court is obliged to find the chancellor in error. Hollon v.
Hollon, 784 So.2d 943, 346 ('Il 11) (Miss. 2001) (citing Jerome v. Stroud, 689
So.2d 755, 757 (Miss. 1997)).
1. Age, Health and Sex of the Child: The Chancellor found this factor to be neutral. Caleb is a
five (5) year old male. While the age ofthe child is neutral, the health and sex both favor the
father, Tash.
Health: Caleb has allergies, sinus and respiratory problems which are exacerbated
by his daily exposure to second hand smoke when he is the custody of his mother and care of his
maternal grandmother. Tash is not a regular smoker as indicated in the Order. There was
testimony that Ms. Stockstill who is Caleb's maternal grandmother and primary caregiver when
Kacey has custody of Caleb does smoke regularly in Caleb's presence. Angie Petrolia, Lori
Cripple, Sylvia Seal, and Dr, Moby Solangi, all testified that they had not seen Tash smoke, and
Dr. Gasparini the expert witness who visited Tash's home testified that he did not see any evidence
of smoke in the home. Furthermore, no evidence was provided to indicate that Tash drank or
25
smoked in front or around Caleb. When questioned about the smoking issue, Tash replied:
29 Q. Tash do you smoke in front of Caleb?
30. A. Never.
Trial Transcript, testimony of Tash Solangi, page 60, 61.
In contrast, Trial Transcript testimony of Tricia Stockstill, Caleb's maternal grandmother
where he spends most of his time while in Kacey's custody, responded as follows:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Q. You don't ever smoke? Caleb can't -A. Outside, only outside.
Q. Can Caleb see you smoking?
A. Yes.
Q. And Is Caleb around you after you smoke?
A. Yes, but I always wash my hands when I come in.
I'm not anywhere near him.
Q. Do you smoke in your trailer?
A. I have, but it's not the norm, and I have air
purifiers.
Q. You do smoke in your trailer?
A. I have.
Q. Do you smoke in your car?
A. I have.
Trial Transcript, testimony of Tricia Stockstill, page 377-378.
Exhibit lOis a photograph of Tricia Stockstill smoking at her trailer while caring
for Caleb and in his presence.
Medical records introduced into the trial as Exhibit 16 state that Caleb suffers from
second hand smoke and has medical conditions as a consequence of the second hand smoke. A
letter from Dr. Bruni, Caleb's pediatrician that outlined his concerns for Caleb's medical
prognosis was excluded from evidence, See Trial Transcript page 264. Though the medical
records from Caleb's treatment at Dr. Bruni's clinic were admitted, his personal letter was not.
Caleb is only exposed to second hand smoke in the care of his mother. Tash is
healthy and able to care for Caleb's health, as he demonstrated by taking him to the doctor and
dentist. Tash has never canceled a doctor's appointment as indicated in the Order, but rescheduled
them for an earlier time due the nature of the medical issue The factor of Caleb's health should
weigh in favor of Tash.
Sex: Caleb is male. Therefore, placement with his father would be in his best
interests. In Benal v. Benal45 So. 3d 684 (Miss. Ct. App.2009) the Court of Appeals affirmed a
chancellor's decision that cited Parker v. South 913 So.2d 339 (Miss. Ct. App. 2005) and vested
primary custody of a young son with his father based on the implicit fact that "a young man will
26
need the guidance and care of his father as he matures." Id. Even a claim of 'tender years' is
overcome when presented in congruence with facts establishing manipulative intent on the part of
the child's mother as in the present case and in Law v. Page, 618 So.2d 96 (Miss. 1993):
This Court is aware that a mother's bond with her child is often strong and highly
sentimental, but we must ask whether Tena's actions are motivated by her own self
interest as opposed to the welfare of Jason. The record reveals Tena to be of a
vindictive nature and one can only question if her true intent is aimed at merely
denying custody of Jason to Jack. Like so many unfortunate situations, Jason is
merely a pawn caught in Tena's power play. No child deserves to be placed in this
stressful situation.
As the only expert testified that placement with his father would be in Caleb's best
interest, the record shows that this fact favors Tash.
Dr. Gasperinni stated:
29 Q. In your research -- have you ever researched or
1 studied how important it is for young boy to be with a
2 father?
3 A. Yes. There is evidence that absence of father
4 from a child's life is harmful to them in many ways;
5 that they don't develop as well academically or
6 morally. They don't do as well if they don't have a
7 father in their life, and there's also a lot of evidence
8 that when fathers just get occasional visits and when
9 there's any interference with their visitation, that -10 not necessarily in this case but on average in many
11 cases, fathers become uninvolved, and in the majority of
12 cases, within seven years the fathers have little or no
13 involvement, and this is been found to be harmful to
14 children in general but especially to boys.
Trial Transcript, testimony of Dr. William Gasparini, page 261, 262
This Court has in Klink v. Brewster, 986 So.2d 1060 (Miss. Ct. App. 2008) affirmed a court's
decision in awarding child born out of wedlock who was twenty·months old the Court fouod
"Albright clearly lists that the sex of the child may be considered by a chancellor when awarding
custody.
Two of the three aspects of this factor favor Tash. Therefore, this factor favors Tash.
2. Continuity of Care: From just a few months after his birth in October 2004 to 2006, Tash had
Caleb 3 days a week, but visited Caleb while in his mother's care regularly, for nightly feedings,
etc. From 2006 to February 2010, Tash got Caleb 6 days, then Kacey had Caleb for 8, unless
Kacey decided that Tash should have less time with Caleb. Kacey has manipulated the
27
arrangement concerning physical custody of Caleb since his birth and directly limited Caleb's
time in Tash' s physical custody. Tash initiated this suit based on her direct refusal to allow him
to care for Caleb and even after a court order granting joint legal custody, Kacey still refuses to
give Tash access to Caleb's medical insurance cards or sign documentation to obtain Caleb's
passport. This is the sole factor that the Chancellor weighed in favor of Kacey. He found all
other factors neutral and awarded Kacey primary physical custody. Kacey should not be
permitted to profit from her own manipulation of the custody arrangement. Just as in Law v.
Page, 618 So.2d 96 (Miss. 1993) cited above, a mother should be held accountable for personal
wrongdoing
The Court found this factor to favor the Defendant. However, for four out of five
(4 out of 5) years of Caleb's life, Tash's "custody" has been almost 50/50. Further, Tash provides
significantly better quality of care to Caleb as compared to Kacey.
7 Q. Let's go back to two thousand -- let's go to
8 2006.
In 2006 did you keep up with your activities that
9 you did with Caleb in 2006?
10 A. Yes, ma'am, I did.
11 Q. How often were you seeing Caleb in 2006?
12 A. If became more of set schedule. It was
13 definitely every other week. We started getting to the
14 point since Kacey and I were no longer together, I
15 couldn't go visit her - I mean visit Caleb at Kacey's
16 house. So it was every other week for about six days,
17 and it would vary. Eventually we got to the point it
18 was Thursday to Tuesday, and I had the opportunity to go
19 visit Caleb at Tricia's house, but he was with me in my
20 custody for six days out of every two weeks. For her
21 eight days I had six days.
22 Q. That's what y'all started doing in 2006?
23 A. Yes, ma'am.
24
THE COURT: So you're saying that you - 12 days
25 out of the month?
26
THE WITNESS: That's when I had full custody of
27 him, sir.
Trial Transcript, testimony of Tash Solangi, page 26
Furthermore, most recently, the average percentage of time that Tash has given primary
care to Caleb for 2008-2010 has been 45%, and for 2010 custody was 50/50. (see chart and graph):
28
60
OIOl-llOOl
SAW llV1BIIO "
-
SUPPORTING DOCUMENTATION FOR CONTINUITY OF CARE
Monthly Breakdown JAN-DEC 2008-2010
31
19
30
IS
31
21
30
31
19
21
31
16
30
IS
31
16
30
19
31
30
31
30
31
31
30
31
30
IS
16
17
19
18
19
19
IS
-
<--FILED FOR CUSTODY
<--- KACEY REDUCED MY CUSTODY TIME
22
17
14
13
31
28
31
30
31
30
31
520
943
IS
16
16
10
423
<-- COURT JUDGEMENT
During Tash's time with Caleb, he has done 100% of the parenting and handled
100% of Caleb's everyday needs, which included bottle feeding, changing diapers, bathing, giving
haircuts, taking him to the library, parks, aquarium, zoo, amusement parks, Tae-Kwan-do,
swimming, taking him to the doctor and taking care of him while he was sick, etc_.
8 Q. Ms. Croney testified that she had taken Caleb to
9 get haircuts. Have you ever taken Caleb to get a
10 haircut?
11 A. Oh, yes, ma'am. When he needs it, I get his
12 hair cut. I do whatever he needs.
30
13 Q. You do whatever he needs, whether it's to get
14 his hair cut, take him to the doctor. What else?
15 A. Yes, ma'am. There's times I've taken him to
16 Dr. Lawrence and Kacey has met me there.
17 Q. SO you have taken him to the doctor?
18 A. Yes, ma'am.
Trial Transcript, testimony of Tashfeen Solangi, page 607
Tash has spent as much time as allowed and possible with Caleb since his birth.
This factor should have been neutral. The court neglected to take into account in its evaluation the
quality of care provided by each parent, which was starkly different between Tash and Kacey and
was testified to as such. The record shows that Tash has provided Caleb many diverse
educational and fun activities, while Kacey and all her witnesses did not testify to any activities
that she exposed Caleb to that provided any outlet to aid in Caleb's growth and development
If strictly looking at quantity of days, this factor should be considered neutral. But
if one looks at the quality of care, this factor overwhelmingly favors Tash.
3. Parenting skills
The Court found this factor to be neutral. However, the record reflects testimony
from Tash, and six (6) fact witnesses, Angie Petrolia, Sana Solangi, Sylvia Seal, Lori Cripple,
Ruby Blackwell, and Dr. Moby Solangi, and one (1) expert witness, Dr. William Gasparrini,
Ph.D., ABPP, which showed that Tash had very good parenting skills and was very concerned
about Caleb's educational growth and development as well as making sure that he became a good
citizen, whereas there was absolutely no testimony as to Kacey's concerns for the same.
Furthermore, Tash has made efforts to teach Caleb about healthy cooking and eating, whereas
there was no testimony from Kacey on this point. The trial record is filled with details of how
Tash has changed his life to put being a father to Caleb first and is concerned that Kacey is not
doing the same.
14
15
16
17
18
19
20
21
22
23
24
25
Q. What places did you observe Caleb in?
A. My office, his father's horne, his grandfather's
horne, the preschool.
Q. And tell me during these times when you observed
Caleb and Tash, what did you observe about Tash's
parenting skills?
A. He seemed to be an excellent parent who models
and teaches very successfully pro-social values, very
positive values of telling the truth, respecting
authority, interacting, taking time with family. He
does great job with Caleb and he tries to teach him a lot
and has taught him a lot,
31
Trial Transcript, testimony of Dr. William Gasparrini, Ph.D., ABPP., page 259.
8 Q. He's made sure Caleb was exposed to things
9 He's taken Caleb to Disney World; he's taken Caleb to
10 the library; he's taken Caleb to the zoo. He's made
11 sure Caleb was exposed to things, hadn't h?
12 A. Yes, I think Tash does really good job of
13 taking Caleb to events and stuff, and, yeah, that makes
14 me really happy he does take him to events
15 Q. In fact, you've never taken Caleb to the
16 library, have you?
17 A. No, we don't go to the library.
18 Q. And you had never taken - before this lawsuit
19 was filed you had never taken Caleb to the zoo, had you?
20 A. No, I haven't - I didn't ever - I had never
21 took Caleb to the zoo. I had taken Kaitlin to the zoo
22 before.
Trial Transcript, testimony of Kacey Croney, page 556
Furthermore, at the end of cross-examination, each and every one of Kacey's
witnesses was unable to testify that they can support Kacey's parenting skills. Therefore, the
Defendant had no independent evidence of her parenting skills.
6 Q.Does that concern you if Greg Ip spent the night
7 with Kaitlin and Caleb there?
8 A. Yes, but I know one time I did go to pick up
9 Kaitlin, and Greg was asleep on the couch.
10 Q. You think that's a good example?
11 A. No.
12 Q. Do you think it would be good procedure for
13 somebody to go out on their work hour, lunch hour and
14 drink four beers and then corne back into work?
15 A. (Nods Negatively).
16 Q. Please answer out loud.
17 A. No.
18 Q. If Kacey had testified - if Kacey admitted to
19 doing that, would you consider that to be proper
20 parenting procedure?
21 A. No.
Trial Transcript, testimony of Beth McGregor, page 336
4 Q. I have one last question. Mrs. McGregor, do you
5 think Kacey is setting a good example for Kaitlin and
6 for Caleb by having men spend the night overnight?
7 A. No.
8 Q. Do you think she's setting a good example for
9 Caleb and Kaitlin by driving while her license
10 suspended?
11 A. No.
12 Q. Do you think she's setting a good example for
13 Caleb and for Kaitlin by putting herself first by having
14 these elective surgeries and living in a two-bedroom
15 apartment?
32
16 A. No.
17 Q. Do you think she is setting a good example for
IB Caleb and Kaitlin by going and getting a boyfriend
19 who's drunk and bringing him home to her home?
20 A. No.
Trial Transcript, testimony of Beth McGregor, page 345.
Also, there is testimony about what bad decisions that Kacey made regarding
Caleb. Kacey specifically stated:
16
MS. PORTER: Ms. Croney -- Your Honor, I'll
17 try not to have many more questions?
IB
THE COURT: If you've got -- I don't want to cut
19 you off, especially on cross-examination. If you've
20 got something you need to get to, you can go ahead
21 and do it.
22 MS. PORTER: (CONTINUING)
23 Q. Ms. Croney, I asked you on the -- during the
24 depositions and you told me this; isn't it true that on
25 two different occasions when you were dating Norm, that
26 he called you and you had to get up in the middle of the
27 night and go get him because he was too drunk?
2B A. I didn't -- one time he said he felt that he was
29 too drunk to drive. The other time he had lost his ride
1 and didn't have way home.
2 Q. And these two different times when you had to
3 get up in the middle of the night, what time did he call
4 you?
5 A. It was about midnight both times.
6 Q. And was Kaitlin with you?
7 A. Kaitlin was at home.
Trial Transcript, testimony ofKacey Croney, page 582·583
Since there was no independent evidence of Kacey's parenting skills and
significant testimony ofTash's parenting skills from psychologists, house wives, social workers,
family members, and neighbors this factor should weigh heavily in favor of Tash.
4. Willingness and Capacity to Provide Primary Care: The Court found this factor to be
neutral. However, the record is clear that while Kacey is willing to provide primary care, the
quality of that care is lacking and is being farmed out to her mother, Tricia.
2B A. Yes. Yes, she would be working. He would be in
29 the care of Tricia Stockstill, not Kacey.
Trial Transcript, Testimony of Tashfeen Solangi, page 48.
B Q. He's made sure Caleb was exposed to things
9 He's taken Caleb to Disney World; he's taken Caleb to
10 the library; he's taken Caleb to the zoo. He's made
33
11 sure Caleb was exposed to things, hadn't h?
12 A. Yes, I think Tash does really good job of
13 taking Caleb to events and stuff, and, yeah, that makes
14 me really happy he does take him to events
15 Q. In fact, you've never taken Caleb to the
16 library, have you?
17 A. No, we don't go to the library.
18 Q. And you had never taken - before this lawsuit
19 was filed you had never taken Caleb to the zoo, had you?
20 A. No, I haven't - I didn't ever - I had never
21 took Caleb to the zoo. I had taken Kaitlin to the zoo
22 before.
23 Q. And before this lawsuit was filed, you had never
24 taken Caleb on any trips?
25 A. I'm trying to think. No, probably not, what you
26 would consider a trip. Me and Kaitlin have been on
27 trips but me and Caleb and Kaitlin together haven't been
28 on a trip yet -- hadn't been on a trip.
29 Q. And Tash has always done that, hadn't he?
1 A. Not always. I don't recall Tash -- I didn't
2 know about Tash taking Caleb anywhere until Thanksgiving
3 2008 when I believe he said they went to Sea World or
4 somewhere in Florida. That's the only -5 Q. He' s taken him to the library and the zoo,
6 things like that?
7 A. Yeah, he does.
Trial Transcript, testimony of Kacey Croney, page 556·557
Since Tash has extended family to assist him and as a supervisor, he is in a better position
to adapt his work schedule to fit Caleb's needs. This factor should weigh in favor of Tash.
Throughout the trial there was much testimony that Kacey, while having the same opportunities
and financial capacity as Tash, did not use them to benefit or care of Caleb, (e.g. electing to have
a breast augmentation, moving frequently).
5. Employment of the Parent and Responsibilities of Employment: This Court found this
factor to be neutral. However, this factor should favor Tash. While both parents work full time at
Stennis Space Center, Tash's position in management allows him greater flexibility to take off
work as needed for Caleb's care and also control his work schedule due to his supervisory
position, while Kacey has a junior position that affords her some, but less flexibility, which forces
her to rely on her mother to handle the primary care. The record is clear that Tash has higher
ranking, a more supervisory position, more control over his schedule, and is more able to tailor
his work schedule to meet Caleb's needs
9
Q. And your travels right now you don't -- what
34
10 are your travels?
11 A. It's zero at this point.
12 schedule, decide my own travel.
13 decide that and I delegate.
Tria! Transcript, testimony ofTash So!angi, page 608
6 Q. What is your schedule now?
7 A. It is 8:00 to 4:30.
8 Q. Five days a week?
9 A. Yes, ma'am.
Tria! Transcript, testimony of Tash So!angi, page 604
6 Q. What was your work schedule, if you know, in
7
2006?
8 A. My work schedule has always been since Caleb was
9 born and my mom started keeping him, I work the ten-hour
10 schedule from 8:00 to 6:30 , and I have Tuesday as my
11 non-workday because she tries to earn extra money with
12 and she works in catering and they have like a Chamber
13 of Commerce gathering on Tuesdays and she works there on
14 Tuesdays.
Tria! Transcript, testimony ofKacey Croney, page 494
This factor should favor Tash.
6. Mental and Physical Health and Age of the Parents: The Court found this factor to be
neutral. While the age and physical health of the parents maybe similar, the record shows that
Kacey's mental health is questionable and she admitted suffering from depression to Ms. Deslie
Bonanno.
Q. In fact, I'm going to hand you a copy of when
Mrs. Croney -- these are your notes. I'm going to ask
that you look at Page 3. Did you get information from
Kacey Croney?
A. Yes.
Q. About problems that she had?
A. Briefly, yes.
Q. And did Ms. Croney admit to you that she had
problems with depression?
A. Yes.
Q. SO she admitted that she had a problem with
depression?
A. She stated that she feels depressed at times.
Q. Is this a copy of your file?
A. Yes .
Trial Transcript, testimony of Desilie Banano, page 317
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
7. Emotional Ties with the Parent and Child: The Court found this factor to be neutral.
However, Tash and Caleb enjoy a tremendously close relationship, while the record reflects that
35
Caleb has become extremely distraught at the news of returning to his mother. This factor should
favor Tash.
26 A. Kacey Croney brought her son Caleb to me for
27 services in January of 2010 because she was concerned
28 that Caleb was becoming increasingly unhappy after
29 visits with his father and quiet and withdrawn.
1 Q. Did you evaluate Caleb?
2 A. I did do an assessment on Caleb and had three
3 sessions in total wit h him.
4 Q. Tell me what your assessment was.
5 A. That Caleb actually was just a very normal,
6 happy child. His play activities were normal. He did
7 not present any psychopathology or problems that I
8 needed to address.
Trial Transcript, testimony of Desilee Banano, pages 311- 312
20 Q. Did you observe Tash and Caleb's interaction
21 together?
22
23
24
25
26
A. Yes.
Q. What did you observe about their interaction
together?
A. They get along great. They have a real -- lot
of fun together. They laugh and play. I saw them just
27 in the waiting room starting to play an I Spy game,
28 laughing together, very affectionate. The father and.
29 son talked together about trips they took like to Disney
1 and sports they've engaged in, T-ball and running and
2 different activities they enjoy, about their interests
3 in movies and toys , about playing, and they are very
4 close.
Trial Transcript, testimony of Dr. William Gasparini, pages 260-261
3
4
5
6
7
8
9
Q. Have you been present when he had to leave?
A. Yes, I have been.
Q. What happened? What happens when Caleb has had
to leave?
A. Well, sometimes he would get into crying fits,
and I remember one time he made himself throw up , and it
was just awful for me to see • He just -- he looks so
10 panicked and scared. I didn't know why, but he just
11 didn't seem like he wanted to leave.
Trial Transcript, testimony of Sana Solangi, page 145.
Based on the testimony of Dr. Gasparini, admitted as an expert in psychology and the
testimony of many others, one can reasonably see that Caleb is bonded with his father and
exhibits emotional issues when he returns to his mother. No such behavior was observed when
Caleb came to visit his father. Therefore, the first factor should weigh in favor of Tash.
36
8. Moral Fitness of the Parents: The Court found this factor to be neutral. However, the record
reflects distinctions that were made between the parties past and present behaviors which
demonstrate tbat Tash takes his role as a parent and role model to Caleb seriously, while Kacey
does not seem to have considered it. Kacey testified:
23 Q. Let's talk about some other mistakes, okay. You
24 admit that you drove without a driver's license?
25 A. No, I didn't.
26 Q. With your driver's license suspended?
27 A. with my license suspended.
28 Q. For how many months?
29 A. I don't know how many months. It was probably
1 I think I've rendered a guess at about three.
2 Q. Well, in your deposition you said for several
3 months.
4 A. Yeah, it was about three, I think.
5 Q. And you said the reason you did it was be cause
6 you didn't have $400?
7 A. I believe that yeah, that at the time it was
8 I was figuring out how to pay those tickets.
9 Q. But now you could have borrowed money; you
10 borrowed money from your -- let me finish my question.
11 You borrowed your retirement to have a breast implant,
12 but you couldn't borrow $400 to get your driver's
13 license?
14 A. I don't like to borrow money, but you know
Trial Transcript, testimony of Kacey Croney, page 578- 579.
4 Q. and if you found out as Ms. croney's
5 supervisor that she had had three or four glasses of
6 wine, would that cause you concern?
7 A. Yes.
Trial Transcript, testimony of David Malley, page 296.
Tash has never had guests of the opposite sex spend tbe night at his home while
Caleb was in his custody. That was not tbe case witb Kacey who admitted to having overnight
male guests on an average of 3 times a montb while Caleb and her minor daughter Kaitlin were in
her physical custody. Kacey left her home in the middle oftbe night and took a child witb her to
pick up her drunk boyfriend in New Orleans. Tash has never endangered their child like that.
Tash has never driven with suspended licenses for montbs at a time witb tbe child in tbe car, but
Kacey has. Tash has exposed Caleb to rules providing for behavior and morals. Tash changed
his life when Caleb was born. He stopped smoking and drinking beer or alcohol. This factor
heavily favors Tash.
5
6
THE COURT: Okay. Now you say he spent nights.
Did he spend nights when Caleb was there?
37
7
8
9
10
11
12
THE WITNESS: He did occasionally during the
week.
THE COURT: How often?
THE WITNESS: Probably about three times a month
would probably be the average. It depended on what
was going on. You know, sometimes he -- I wouldn't
13 see him but like once a month. You know, it just
14 depended, but I would say on average probably three
15 times a month.
Trial Transcript, testimony of Kacey Croney, page 504
Q. The question is, if your daughter admitted that
Norman spent the night once or twice a month -5 A. No, she didn't tell me that.
6 Q. But if s he admitted that, would you consider
7 that to be proper behavior?
8 A. No . If the kids were there, she shouldn't do
9 that.
Trial Transcript, testimony of Tricia Stockstill, page 403
3
4
10 Q. Mr. Solangi, with regard to your morals, have
11 you allowed Caleb to be around any female to whom you
12 were not married to overnight?
13 A. The only person that has stayed overnight is
14 Sana, my sister, and Angie Petrolia, which is Dan -- Dan
15 and Angie stayed over with their kids, their three kids
16 at the time.
17 Q. But they're married?
18 A. They're married, and we all stayed together.
19 Q. SO you've never ha d a girlfriend spend the night
20 while -21 A. No. While Caleb is in my custody, no. Never.
Trial Transcript, testimony of Tash Solangi, page 71
Q. And have you ever spent the night with Tash when
Caleb was present?
4 A. I have never spent the night with Tash when
5 Caleb was present.
6 Q. Have you ever stayed real late at night when
7 Caleb was present?
8 A. No, ma'am.
Trial Transcript, testimony of Sylvia Seal, page 151
2
3
25
26
27
28
29
1
2
3
4
5
Q. Tell the Court what he was like beforehand
versus now.
A. well, when we were in college, I think we were
pretty typical college students. We studied. We had
fun, and then once Caleb was born, that all changed
Tash - he really grew up because I haven't seen him,
you know, going out or drinking or smoking or any of
those things since Caleb has come a long.
Q. You said you were around Tash every couple of
months . Is Caleb usually with him or sometimes with
38
6 him?
7 A. Most of the time, uh-huh. (Affirmative
8 Response) .
9 Q. Have you ever seen Tash smoke or drink in
10 Caleb's presence?
11 A. No . No.
Trial Transcript, testimony of Angie Petrolia, pages 136-137
11 Q. And I asked you if you thought that was proper.
12 Let me ask you this: Do you think it's proper for your
13 daughter Kacey to have visitors, men visitors, over night
14 to spend the night with Caleb present?
15 A. There's only two that I know of. When you say
16 men, there's only two that I know of.
17 Q. Okay. Who do you know of?
18 A. Greg was one night.
19 Q. And who else do you know of?
20 A. Norm.
21 Q. Well, do you think it's proper for your daughter
22 to have Greg and Norm spend the night with Caleb
23 present?
24 A. Well, it may not be proper, Ms. Porter, but
25 sometimes things happen.
Trial Transcript, testimony of Patricia Stockstill, page 400
6 Does that concern you if Greg Ip spent the night
7 with Kaitlin and Caleb there?
8 A. Yes, but I know one time I did go to pick up
9 Kaitlin, and Greg was asleep on the couch.
Trial Transcript, testimony of Beth McGregor, page 336
Kacey did not see any personal moral problem with having children out of wedlock, while
Tash recognized that in doing so it created social and family problems that affected the child's
upbringing
7 Q. And did Moby say that in his culture, it was
8 unacceptable to have a child out of wedlock?
9 A.Yeah, he10 Q. Do you think it's acceptable in your culture?
11 A. Yes.
12 Q. You think it's acceptable?
13 A. Obviously, it is. Well, I mean14 THE COURT: Obviously it's acceptable or it's
15 unacceptable?
16 THE WITNESS: It's acceptable because the
17 alternative is to have an abortion and end the
18 pregnancy. That to me is murder and more
19 unacceptab;e than having a child out of wedlock, even
20 though I guess technically in most religions theY're
21 both sin.
Trial Transcript Testimony ofKacey Croney, page 562
39
The Court referenced neither of the parties having squeaky clean pasts, but Tash
makes a distinction between knowing the difference between right and wrong and admitting his
mistakes and not making them in front of his child. While Kacey does not believe that her
behavior is wrong and continues to set an inappropriate example for her children Therefore, this
factor heavily favors Tash.
9. Home, School, and Work Record of the Children: The Court found this factor to be neutral.
However, the record reflects that the Long Beach schools are superior to the Picayune schools,
and Caleb would have the option of being with his best friend at the Cripple's house, or with his
Aunt Sana at his grandparent's house after school instead of being at a trailer playing in a gravel
lot by himselflike he does at Tricia's place in Picayune. And with Tash's work day ending at
4:30 p.m., versus Kacey's day ending at 6:30 p.m., Tash will be able to spend more time with
Caleb helping with his homework and attending in all of Caleb's events. Furthermore, even
though the parties have essentially the same income and were given the same housing
opportunities through their employers, Kacey continues to remain in temporary rent situations.
She has moved several times since Caleb has been born, while in 2006 Tash, on the other hand,
purchased a three-bedroom home in a safe residential neighborhood.
17 Q. Tell me about Tash's home environment, how it
18 relates to Caleb.
19 A. Well, it's a real child-centered home because,
20 of course, Caleb has his own bedroom and has all kinds
21 of toys and books and all kinds of educational
22 materials, and there's all kinds of pictures up on the
23 wall of activities that they've enjoyed and, you know,
24 prizes they've won and things like that. It's a real
25 good home, a nice backyard, nice neighborhood, other
26 children nearby that he can play with, and it's really
27 centered around him, his interests, his activities and
28 educating him.
Trial Transcript, testimony of Dr. William Gasparini, pages 261
22 Q. SO basically for most of Caleb's life until this
23 lawsuit was filed, he lived with you and with Kaitlin in
24 that two-bedroom apartment on Telly Road?
25 A. Yes.
Trial Transcript, testimony of Kacey Croney, page 548
4
5
6
Q. Well, you certainly didn't think that living in
a two-bedroom apartment was in Caleb's best interest,
did you?
40
7
8
9
10
11
12
13
14
15
16
17
A. No, I didn't, and that was always intended to be
temporary.
Q. And you agree that Tash in 2006, he did get
into -- he did buy a nice home?
A. I don't think he bought it in 2006. My
understanding from Tash was that the Navy was paying his
rent in 2006.
Q. But in 2006 he moved into a nice home?
A. Yes.
Q. And that nice home Caleb had his own bedroom?
A. Yes.
Trial Transcript, testimony ofKacey Croney, page 551
Kacey has lived in a two-bedroom apartment for much of Caleb's life only moving
after this case was filed versus Tash who purchased a family home in a neighborhood setting with
a room for Caleb. This factor heavily favors Tash.
10. Preference ofthe Children at an Appropriate Age: The Appellant agrees that this factor is
irrelevant and neutral.
11. Stability of the Home Environment: The Court found this factor to be neutral. However,
this finding is against the great weight of the evidence. Both parties are not wholly dedicated to
the well being of Caleb. Tash has testified that he has never had a girlfriend spend the night
when Caleb was present, while Kacey has admitted to have several different men spend the night
consistently when Caleb and Kaitlin were present. There was no evidence that Tash did the same
when he had Caleb. Kacey has moved several times and is currently in an apartment rental with
no fenced backyard for Caleb and his toys. Kacey testified that she loved her job, was serious
about working out, her appearance, and fitness, and Kaitlin doing well in school. She did not
testify that she was wholly dedicated to the well being of Caleb.
Throughout the majority of Caleb's life, Tash has lived in a one family home while
Kacey lived in a two-bedroom apartment and according to testimony had overnight guests of the
opposite sex in the apartment while two minor children were living with her. This factor favors
Tash.
12. Other Relevant Factors: Kacey has had not one but two illegitimate children. Tash
Solangi has made being a good father to Caleb his top priority since shortly after he learned that
Kacey was pregnant. Kacey Croney, on the other hand, never made Caleb a top priority in her
life. This is corroborated by evidence of her decision to get three cosmetic surgeries and stay in a
41
two-bedroom apartment after selling her land rather than purchasing a three-bedroom home.
Despite making relatively the same salary, the parties have made drastically different choices
when it comes to parenting and lifestyle choices.
Tash testified to his concerns about this type of behavior. Kacey still entertains
over night guests of the opposite sex at her apartment while Caleb is present. These choices
undermine any example of strong moral character and only serve to substantiate Kacey's
immaturity. Nothing in the record validates Kacey's fears that she will be fazed out of Caleb's
life if Tash got custody. Kacey herself has testified that she had been to Tash's home on many
occasions and participated in Caleb's school and extracurricular events in Long Beach, MS while
Tash had custody. Nothing in the record substantiates Kacey's allegation that she was not invited
to the home ofTash's parents. The record is clear that Tash's parents extended invitations to
Kacey's family on several occasions, which they have ignored. Nothing in the record establishes
a single instance of Kacey or her parents inviting Tash' s family to their home. According to
Tash's testimony, Kacey told him that she would only marry him ifhe left his family. This
ultimatum was not refuted by Kacey at trial.
21 Q. Have you extended invitations to Kacey to come
22 to your horne for family events?
23 A. I have left it up to my son. Their relationship
24 is and was contentious, and -- but we have extended
25 invitations to Tricia, the mother. We felt that the
26 grandparents should take a first stab at it. I invited
27 her several times. She didn't come. Then my wife and I
28 went to visit her to invite her to come down. We felt
29 that that may be a start; that may reduce -- because
1 both the grandmothers see things differently, and so we
2 went personally to their place to invite Tricia to come
3 to us, and that never transpired. I don't know what
4 their internal family dynamics is, but for Kacey to come
5 to our house has to be through our son, and we went as
6 grandparents -- we invited Tricia to do so.
Trial Transcript, testimony of Dr. Moby Solangi, pages 227, 228
13. Sibling Factor: Caleb has a half sibling, namely, Kaitlin Farmer, who was age 15 at the time
of this filing, and who lives with him at his mother's. Kaitlin currently has visitation with her
father's family, and currently has visitation with her father as he was released from a Texas
penitentiary in October of2010. There was testimony about Caleb's relationship with Kaitlin and
also about his relationship with Sana (his 16year old aunt from his Dad's family). This Court in
Moorman v. Moorman, 28 So.3d 670 (Miss. Ct. App. 2009), dealt with this issue in a case
involving custody wherein Edward and Rebecca had two sons, and Edward also had custody of
his three sons from a prior marriage. After a full trial in the Moorman matter, the chancellor
entered a bench ruling awarding permanent custody of the minor children of the marriage of
Edward and Rebecca to Rebecca. Edward appealed and asserted that the chancellor erred in
failing to address any unusual and compelling circumstances to warrant the separation of the
minor children from their half-brothers. Edward argued that the Court require chancellors to
specifically address the issue of sibling separation in their rulings much like chancellors are
required to address the Albright factors. The Court declined to do so. Quoting C.A.MF. v.
J.B.M, 972 So.2d 656, 661
(~~
20-23) (Miss. Ct. App. 2007). The Court found that "The
separation of siblings is not a separate Albright factor but one factor "which the chancellor may
consider along with the best interest of the child." Id. The Court further found that the brothers
will see each other during Edward's visitations, and that the Supreme Court has deemed
court-ordered visitation between half-siblings a matter for the Legislature and has invited the
Legislature to expand the rights set forth to siblings. Scruggs v. Saterjief., 693 So.2d 924, 926
(Miss. 1997). Also, in Montgomery v. Montgomery, 20 So.3d 39 (Miss. Ct. App. 2009) the Court
found that "The chancellor did consider the separation of the children, but ultimately found it did
not outweigh the other factors that favored M.J. The chancellor specifically noted: "the [c]ourt
has also taken into account ... a child of Lisa's from a prior relationship, Christian ... and that
the children in this case have had a relationship with their half-sibling." The court in addressing
the issue of separating children cited the Supreme Court's decision in Copeland, which instructs
that "[t]here is no 'hard and fast' rule that the best interest[s] of siblings will be served by
keeping them together." Copeland v. Copeland, 904 So.2d \066, \076-77 (43-44) (Miss. 2004)
(citing Sellers v. Sellers, 638 So.2d 481,484 (Miss. 1994)). In Copeland, the Supreme Court
affirmed a chancellor's decision to award custody to a father, even though it required separation
of a child from his half-sibling. In the Montgomery case, the chancellor specifically considered
the potential effect that the separation of Lisa's child from a prior relationship from the other
children might have on the children, but she determined it did not outweigh the other factors
favoring M.1. The Appeals Court affIrmed the Court's decision. In this case Kaitlin will be with
Caleb when she visits with her mother and any effect of separation of siblings does not
overweight the other Albright factors in favor of Tash.
B. ALBRIGHT CONCLUSION
In closing, the trial court found all of the Albright Factors to be neutral except for
Continuity of Care, but acknowledged that Tash had visitation with Caleb six (6) days every two
weeks, which is 43% of the time. There are twelve (12) Albright factors. Therefore, it follows
that Continuity of Care accounts for 8.33% of weight in deciding custody. This Court should
reverse and render the custody to decision due to an overwhelming weight of the evidence
favoring vesting custody with Tash.
C.ALTERNATEARGUMENTS
In the past Tash has spent over 45% of recent time with Caleb. Now he is reduced to
every other weekend. The Court awarded Tash the entire summer but then gave Kacey two (2)
two (2) week periods. If this Court does not reverse the custody then they should expand the
visitation of Tash. The Supreme Court has stated that "Mississippi law favors maintaining
relationships between parents and their children even though the parent may be non-custodial."
Rogers v. Morin, 791 So.2d 815, 820 (It 9) (Miss. 2001). In this case the Court has allowed a
father who was seeing his child fifty percent of the time basis to now basically an every other
weekend dad.
II. NAME CHANGE REOUEST
This Court has determined Tash is the father and the child should be given his
name. The statutory law is clear on this issue. In Powers v. Tiebauer, 939 So.2d 749 (Miss.
2005), the court affirmed the lower court's grant of a name change to a biological father as per
Mississippi Code Annotated Section 93-9-9. The appeals Court relied upon Miss. Code Ann. §
93-9-9(1) (Rev. 2004), and the chancellor ruled, "1 see nothing [before1the court that would lead
[mel to believe that it is in the best interest of this minor child that she have any name other than
the name of her natural father." Powers argued that she had a fundamental right, as a mother, to
retain the birth name given to her child, even after paternity has been established and that the
paternal presumption in Miss. Code Aun. § 93-9-9(1) constitutes both a due process and equal
protection violation of those rights. This Court denied her argument and affirmed the
Chancellor. Following the issuance of the final order, Kacey insisted on having her maiden name
inserted as the middle name in Caleb's birth certificate, which the chancellor agreed. However,
this is inconsistent with Miss. Code Ann. § 93-9-9(1) which only requires the surname to be
changed. Tash disagrees with the addition of an additional middle name and requests that the
only change in the birth certificate to be the surname.
III. IMPROPER AWARD OF ATTORNEY'S FEES
This case was filed as a paternity and custody matter. Plaintiff admitted to
paternity and the Defendant testified that she agreed to list Tash on Caleb's birth certificate. The
evidence regarding this aspect of the case was minimal, as the real dispute was over custody.
Essentially this was a custody case with a housekeeping issue of paternity, the cost of which
were borne and paid for by the Plaintiff. Defendant relied solely on Mississippi Code Ann §939-45 provision regarding attorneys fees in paternity actions, which still requires evidence of the
reasonableness of her fees. Defendant presented no evidence of her inability to pay, and
therefore, an award of attorney's fees to her is reversible error. Brooks v. Brooks, 652 So.2d
liB, (Miss. 1995) (Chancellor's consideration of relative worth of divorcing parties, standing
alone, is insufficient to justify award of attorney fees or court costs; Record must reflect
requesting spouse's inability to pay his or her own attorney's fees.) Furthermore, this Court did
not compare the relative wealth of the parties, as both testified to essentially the same salary.
Therefore, an award of attorney's fees in this case, which is essentially a custody dispute,
without testimony as to inability to pay, reasonableness of the fees, and a disparity in the wealth
ofthe parties is manifest error.
Also, this Court allowed the introduction of a statement as to attorney's fees when
in discovery it was asked for Ms. Croney to submit any evidence and documents she intended to
produce at trial. She was ordered and compelled to make that production, and she failed to
submit any attorney's fee statement. Then, on the last day of a three-day trial she produces a
statement in the amount of$13,732.10 which was not produced in discovery and as per the order
to compel, which was an error.
Tash also requests that this Court deny the award of attorney's fees as there was no
testimony as to the reasonableness of said fees and the same were not proper under the discovery
rules due to Kacey's failure to submit the statement as ordered by the Court.
IV.
PROCEDURAL ERRORS MADE BY COURT
The Court made certain procedural errors allowing certain documents and
witnesses to testify on the Defendant's behalf that were not properly disclosed in discovery and
further the Court did not allow certain documents into evidence that were properly disclosed in
4S
discovery, properly authenticated, and properly tendered by Plaintiff. This case involved
significant discovery as well as depositions, but the day directly preceding trial on the merits,
despite discovery requests which included requests for all proposed exhibits the Defendant was
allowed to introduce her billing statement. This was a violation of the rules of discovery and
evidence. The Appellee was allowed to call certain witnesses who were not listed on her
response to the Appellant's discovery requests or revealed to the Appellant prior to trial. The
Plaintiff was not allowed to introduce Exhibits 1,2,4,5,6, and 7 which were his personal
journals summarizing what had transpired between these parties in years past. Tash authored
these journals alone. They were properly disclosed in discovery and proper to be introduced as
trial evidence. The denial of the introduction of these records is prejudicial to the Appellant as it
corroborated his continuity of care claim. Continuity of care is the only Albright factor that the
Chancellor weighed in favor of the Appellee and upon which gave her custody ofthe parties' son
Caleb.
v. CONCLUSION AND RELIEF REOUESTED
Tash requests that this Court reverse the lower court's decision as to custody and support
of Caleb Solangi as well as attorney's fees awarded therein; That this Court render this matter
finding that it is in the best interest of Caleb that Tash be awarded his full physical custody and
that Kacey have standard visitation; That Kacey Croney be ordered to pay child support
($467.00., per month calculated as $3886.35 adjusted gross income., with $544.08, credit for
Kaitlin) to Tash, along with a medical insurance policy which affords normal and reasonable
coverage for Caleb as well as major medical and dental coverage, together with the payment of
any deductible for the aforesaid policy of insurance, as well as all prescription drug, dental, eye
care and other reasonable medical expenses not covered by the aforesaid policy of insurance;
That Caleb's Aaron Croney Solangi's birth certificate should be changed to read "Caleb Aaron
Solangi."
That Plaintiff be awarded cost of court and attorney's fees to enable Plaintiff to
reasonably compensate his attorney for services rendered in his behalf in this Civil Action.
Lv