Before Thomas, P.j., King, Payne, And Southwick, JJ.
Bridges, C.j., McMILLIN And Thomas, P.jj., Coleman, Diaz, Herring, Hinkebein, King, And Payne, JJ., Concur.
The opinion of the court was delivered by: Southwick, J., For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 04/19/96
TRIAL JUDGE: HON. JON M. BARNWELL
COURT FROM WHICH APPEALED: LEFLORE COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
TRIAL COURT DISPOSITION: DIVORCE GRANTED ON GROUND OF DESERTION
MOTION FOR REHEARING FILED:
On April 19, 1996, the Leflore County Chancery Court granted Royies Stanley (Stanley) a divorce from Gail Linda Rush Stanley (Rush) on the ground of desertion. Rush appeals alleging that the chancellor erred in granting Stanley a divorce on the ground of desertion. We agree and reverse.
Rush and Stanley were married on October 21, 1989. Shortly thereafter, the Army transferred Stanley to Wurzbury, Germany. In August of 1990, Rush and her son joined Stanley in Germany. In August of 1992, Rush's son began having behavioral problems in the public military school which he attended. After several counseling sessions, the child's behavior did not improve; therefore, in October of 1992 Stanley enrolled him in a boarding school in Hattiesburg, Mississippi. After three months, Rush took her son out of the ...