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Carter v. Escovedo

175 So. 3d 583 (2015)

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Carter v. Escovedo

Mississippi Court of Appeals
175 So. 3d 583 (2015)

Facts

Cleondra Carter (defendant) became pregnant at age 16 and appeared on the television show Sixteen and Pregnant. After Carter gave birth to her daughter, Kylee, the pair lived with Kylee’s father, Mario Escovedo (defendant), for a few years. When Carter and Escovedo later separated, they started fighting over Kylee. Escovedo petitioned for custody. At trial, Carter admitted that she sometimes allowed men to sleep in the same bed as herself and three-year-old Kylee. Additionally, Kylee’s therapist testified that Kylee suffered from anxiety and was particularly scared of Michael, one of Carter’s boyfriends. The trial court awarded Escovedo sole physical and legal custody of Kylee, meaning that Kylee was to live with Escovedo and Escovedo had the right to make decisions regarding Kylee’s upbringing. Carter was awarded visitation every other weekend plus certain holidays and any other times mutually agreed to between Carter and Escovedo. The trial court’s order stipulated that neither parent was to have nonfamilial overnight guests of the opposite sex in his or her home while Kylee was present. Carter appealed the trial court’s order, specifically contesting the restriction against overnight guests.

Rule of Law

Issue

Holding and Reasoning (Maxwell, J.)

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