Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 1 of 9 IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI KIMBERLY JAYROE STRICKLAND DAY And THOMAS DAY PLAINTIFFS OCT 1 3 2016 vs. LARRY SW ALES MEC NO. 15-2370 . k' County CHRISTINA STRICKLAND smug-:3: gag: 8? DEFEND ANT FINAL JUDGNEENT OF DIVORCE THIS CAUSE having come on for hearing on the 2??h day of September, 2016, and the parties, Kimberly Jayme Strickland Day and Christina Strickland, both appearing and represented by counsel, and the-Court having heard and considered all the testimony and evidence presented, ORDERS, RULES AND ADJUDICATES the following, to wit: I . That the Court has jurisdiction over the parties and the subject matter. 2 That the Court has heard and considered all the evidence, not only the documents that were introduced into evidence, but also the testimony of witnesses. And the Court has considered the competence, the demeanor, veracity, and u'uth?ilness of these witnesses. 3. That the Court ?nds the parties Kimberly Day and Christina Strickland should be and are awarded a divorce absolute from one another on? the ground of In?econcil'able Differences. 4. That the Court ?nds the parties have made adequate and suf?cient provision for the settlement of all property rights between them within the written Consent and Stipulation instrument, which has been ?led by the Court and which is made incluSive and a part of this Final Judgment of Divorce as follows: Page 1 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 2 of 9 A. The parties agree the parties may, and shall, at all times hereafter, live separate and apart, and each shall be ?ne from interference, authority and control, director indirect. by the other, as fully as if he or she were never married. The parties shall not molest or interfere with each other, nor shall either of them compel or attempt to compel the other to cohabit or dwell with him or her by any means whatsoever, and each party shall respect the privacy of the other. Each party shall live at such place or places as he or she shall select. B. The parties agree that neither shall pay unto the other alimony now or in the future. C. The parties agree Kimberly Day is entitled to and shall retain the permanent and exclusive use, possession, control and ownership ot?all household goods, furnishings, appliances and other items of personality currently in her possession and/or raider her control and Kimberly Day shall be responsible for payment of any and all debt on the items she retains and shall hold Christina Strickland harmless therefore. The parties agree Christina Strickland shall retain the permanent and exclusive use, possession, control and ownership of those items currently in his possession andfor control and Christina Strickland shall be reSponsible for payment of any and all debt on said items and shall hold Kimberly Day harmless therefore. D. The parties agree that each relinquishes all right, claim or interest in the others automobiles, stocks, investments, pension, checking accounts, savings accounts, retirement, or 401K bene?ts accrued during the marriage of the parties. The parties shall both cooperate in executing any and all documents necessary to transfer full ownership to the party retaining said asset. E. The parties agree that Kimberly Day shall pay all-debts incurred by her in her name alone, while holding Christina Strickland harmless from any liability thereon. The parties agree that Christina Strickland shall pay all debts incurred by Page 2 of9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 5. Page 3 of 9 her in her name alone. while holding Kimberly Day harmless from any liability thereon. That each party releases all right to share in the estate of the o?ncr party, or to serve as Executor or Administrator of the estate of the other party. The parties agree there is no real property to be divided'between them. The parties agree there are no joint debts to be divided between them and each shall be responsible for their individual debts. The parties agree Kimberly Day has a policy of medical insurance which covers the minor child Zayden Rhage Strickland and a secondary policy of insurance and the parties agree to equally divide any and all reasonable and necessary medical costs of Zayden Rhage Strickland not covered by said policies and should Zayden Rhage Strickland no longer qualify for the secondary policy then the parties shall equally divide any and all reasonable and necessary medical costs of Zayden Rhage Strickland not covered by the primary policy. The parties agree to equally divide any and all reasonable and necessary school expenses onayden Rhage Strickland through High School. The parties reserve the right for the Court to consider and decide any college expenses owed by the parties, if any, at such time as Zayden reaches the age to attend college and shows an aptitude for college. That Kimberly Day shall have sole, exclusive ownership of any and all embryos currently stored in any facility. That Christopher Elijah Jayroc, born September 14, 2000, was adepted by Kimberly Day prior to the date of the marriage between Kimberly Day and Christina Strickland. Page 3 of _9 Case: Document #2 35 Filed: 10/18/2016 Page 4 of 9 6. That Christopher Elijah Jayroe became a part of the Family unit made up of Kimberly Day and Christina Strickland. That Kimberly Day and Christina Strickland were involved in a relationship. That from time to time, Christina Stricklandhelped to parent Christopher Elijah Jayroe to some extent and as acted in loco parentis to Christopher Elijah Jayroe. 7. That Kimberly Day and Christina Strickland were married on November 21, 2009 in Boston, Massachusetts. 8. That Zaydea Rhage Strickland, born April .12, 2011, was born during the marriage of Kimberly Day and Christina Strickland via in vitro fertilization processlwith a sperm donor which was obtained in another State. 9. That Zayden Rhage Strickland was born during the marriage and he was very much cared for by both of these parties. That for a continued period of time during the ?rst year of Zayden?s life, Christina actually stayed home more than Kimberly and cared for Zayden. That Elijah and Zayden were both in the home at this time. 10. That there is a question of ?rst impression before the Court: Is Zayden Rhange Strickland a child born of the marriage or a child born during the marriage? That the Court ?nds a distinction there: ?Of the marriage" assumes that both parties are parents under Mississippi law and ?During the marriage? may mean something else,- wherein both parties are not considered parents. 1 i. That the Court ?nds, considering the facts and circumstances in this case, as well as the statutory and case law that Zayden is a child born during the marriage, not of the marriage. 12. That the marriage of the mothers was not the pivotal issue here; it was the conception of the child. That Zayden has got a natural father somewhere. Our Supreme Court Page 4 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 5 of 9 Md - has been very, very strict about parental rights?absent fathers. And there is a natural father somewhere ot?Zayden, whose parental rights have not been-terminated. That the natural father may have signed something somewhere in another State, but I'haveo?t seen any such document. The Court hasn't seen anything placed before it to show thatthe natural father?s parental rights have been terminated. The Court questions: is the natural father not Zayden's father, even though he is an absent one? The Court is of the opinion the natural father is Zayden's father. 13. The Court also questions: Can Zayden have three parent's? Both these ladies who are married to each other and the father? The Court is of the opinion the answer is No. The Court ?nds two women cannot conceive a child together. The Court does not ?nd it opinion to few 3 discrim mingtory statemin?ut a biologic?! fact. The ComWossible for two women to conceive a child slant-ohm a man and a woman. 14. That the Court therefore concludes that Zayden is a child born during the marriage, not of the marriage, because the conception of Zayden? is impossible between two females. The Court concludes there is a natural father. The natural father may never come into Court. He may never be known, and probably won?t be, but he is still a father; and that is a right that our Supreme Court has recognized for many, many years. 15. The Court ?nds Christina Strickland does have rights with regards to the minor children. The Court ?nds Christina stood in a position of ?in loco parentis" with both children for an extended period. The Court ?nds a bond was created between Christina and the children and Christina is therefore allowed visitation rights with both children. l6. That Court ?nds no basis for giving custody of the minor children to Christina and further that there has been an insuf?cient showing that it is in the children's best interests that Christina be given legal and physical custody. Page 5 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 6 of 9 17. The Court ?nds it is in the best interest of these Children that they be awarded'uand are awarded to theucustody of Kimberly Strickland Day. The Court ?nds not only based upon the Court?s ?ndings about the child born during the marriage but assuming that both of these parties are eligible for custody, that under the circumstances, considering the totality of the circumstances, that the Albright factors would favor Kimberly Day. Therefore, Kimberly Day is awarded the legal and physical custody of both Christopher Elijah ayroe, born September 2000. and Zayden Rhage Strickland, born April 12, subject only to the visitation rights granted to Christina Strickland as follows: A. The Court ?nds Elijah is an older child and visitation between he and Christina will be as agreed to between Elijah and Christina with the consent, not to be unreasonably withheld, by Kimberly Day. The Court ?nds with regards to Zayden, Christina?s visitation shall be as follows: i. ii. For the month of October 2016, Christina shall have the ?rst and third weekends ?'om 10:00 am. to 4:00 pm. on Saturday and 1:00 pm. to 5:00 pm. on Sunday. The ?rst weekend of the month being designated as being the ?rst weekend Friday is in the month; For the month of November 2016, Christina's shall have the ?rst and third weekends from Friday at 6:00 pm. until Saturday at 6:00 p.111. The ?rst weekend of the month being designated as being the ?rst weekend Friday is in the month; For the month ofDecember 20l6, Christina shall have the ?rst and third weekends from Friday at 6:00 pm. until Sunday at 6:00 pm. The ?rst weekend of the month being designated as being the ?rst weekend Friday Page 6 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 7 of 9 iv. is in the month. Also Christina shall have from 2:00 p.111. on Christmas Day until 2:00 pm. on January 1, 2017; Beginning in January 2017, and continuing until Zayden is emancipated or further order of this Court. the visitation/holiday schedule shall be as follows: Christina shall have the Zayden every ?rst and third weekend from Friday at 6:00 p.111. until the following Sunday at 6:00 pm. unless the following Monday is a Federal holiday in which case the visitation shall end on Monday at 6:00 pm. The ?rst weekend of the month being- designated as being the ?rst weekend Friday is in the month; During every even-numbered year Christina shall have visitation with Zayden beginning at 6:00 pm. on the day Zayden?s school recesses for Easter break (or the day the Rankin County School System recesses if Zayden is not in school) until the Sunday at 6:00 pm. prior to school resuming following the Easter Holiday. Kimberly shall have the same period with Zaydeu in odd? numbered years; During every odd-numbered year Christina shall have visitation with Zayden from 6:00 pm. on the day the minor children?s school recesses for the Thanksgiving-holidays (or the day the Rankin County School System recesses if Zayden is not in school) until Sunday at 6:00 pm. p?Or to school resuming following the Thanksgiving Holiday. Kimberly shall have the same period with Zayden in even-numbered years; Page 7 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 8 of 9 d. During even-numbered years, Kimberly shall have Zayden from 6:00 p.111. on the day Zayden's school recesses for Christmas vacation (or the day the Rankin County School System recesses il'Zayden is not in school) until 2:00 pm. on December 25. Also, during even-nmnbered years. Christina shall have the right to visitation with Zayden from 2:00 pm. on December 25 until 2:00 pm. on January 1, of the next year; c. Dining odd-numbered years, Kimberly shall have Zayden from 2:00 pm. on December 25 until 2:00 pm. on January of the next year. During odd-numbered years. Christina shall have the right to visitation with Zayden from 6:00 p.111. on the day Zayden's school recesses for Christmas 1vacation (or the day the Rankin County School System recesses if Zayden is not in school) until 2:00 pm. on Detember 25; f. Christina shall have visitation with Zayden during the Summer break in even numbered years for the first two weeks in June and for the ?rst two weeks in July and in odd numbered years for the third and fourth weeks June and the third and fourth weeks in July. 18. The Court finds the award of child support is warranted in this matter. The Court orders Christina to pay child support in the amount of $224.00 per month beginning October 2016, with one-half ol'said support payable on the day of the month and the second half payable on the 15'h of the month. Said child support is to be paid each and every month thereafter until the miner children are emancipated or further order of this Court. The Court ?nds this award of child support is more than would be calculated based upon the earning Christina placed on her 8.05 ?nancial statement as calculated by the Page 8 of 9 Case: 61CH1:15-cv-02370 Document #2 35 Filed: 10/18/2016 Page 9 of 9 statutory guidelines. The Court ?nds a deviation from the statutory guidelines is appropriate in this matter and basis the award of child support on a scale equal to minimum wage For two children. 19. The Court ?nds Kimberly Day shall claim both Elijah and Zayden for tax purposes, both State and Federal. 20. That neither of these parties shall excessively consume or allow the excess consumption of alcohol by any persons while the minor children are present. 2 l. The Court admonishes both parties herein on the fact each has been living with someone to whom they are not married. The Court does recognize that at this time no adverse effect has been shown on the children because of these relationships. However, the Court does state should an adverse effect be shown on either of these children due to the relationships of the parties then there could certainly be some repercussions and results of that adverse effect. 22. The Court ?nds Kimberly Day shall make Christina Strickland aware of any counseling the children are participating" in and if appropriate, in the view" of the counselor, Christi an Strickland shall attend counseling with the children. 23. That Kimberly Day is stayed from seeking an adoption of Zaydcn Rhnge Strickland until such time as the Supreme Court makes a decision on any appeal ?led in this matter or the time for ?ling said appeal has expired. 1; SO ORDERED AND ADJUDGED, this the 2/ day Of? M2016 Agreed as to form only: Document dm?ed by: - MRANT, DIENNE HERMAN ELLIS ATTORNEY FOR KIMBERLY DAY ATTORNEY FOR CHRISTINA STRICKLAND Page 9 of 9