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Grames v. Grames

Court of Appeals of Mississippi

August 1, 2017

HEATH GRAMES APPELLANT
v.
HOLLY GRAMES APPELLEE

          DATE OF JUDGMENT: 08/21/2015

         FORREST COUNTY CHANCERY COURT HON. JOHNNY LEE WILLIAMS TRIAL JUDGE

          ATTORNEY FOR APPELLANT: CHASE FORD MORGAN.

          ATTORNEYS FOR APPELLEE: JOHN D. SMALLWOOD SHEILA HAVARD SMALLWOOD.

          BEFORE LEE, C.J., BARNES AND CARLTON, JJ.

          LEE, C.J.

         ¶1. In this case, we must determine whether the chancellor erred in dividing custody of the couple's minor children. Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. Heath and Holly Grames were married in 1995 and separated in January 2014. The couple had four children: Parker, born in 1998; Miles, born in 2000; Clarissa, born in 2002; and Savannah, born in 2006. In February 2015, Holly filed her complaint for divorce in the Forrest County Chancery Court. By agreement of the parties, the chancellor appointed a guardian ad litem (GAL) to represent the best interest of the children.

         ¶3. After a trial, the chancellor awarded Holly custody of the two girls and Heath custody of the two boys. The chancellor also set a visitation schedule. Heath filed a motion to alter or amend the judgment. The chancellor issued a supplemental judgment to clarify several matters, including the visitation schedule.

         ¶4. Heath now appeals, arguing the chancellor erred by separating the children and by failing to award him reasonable visitation with his daughters.

         FACTS

         ¶5. Heath and Holly are originally from Utah and moved to Hattiesburg, Mississippi, in 2006 for Heath's job. Heath has a Ph.D. in marriage and family counseling and works at the University of Southern Mississippi as an associate professor. Throughout the marriage, Holly worked part-time to finish college and ultimately graduated with a master's degree in accounting. In 2012, she began working for the Richton School District as a financial officer.

         ¶6. Although Heath and Holly each accuse the other of cruel and immature behavior toward one another, both agree that they are good parents and all four children are well adjusted. After the parties separated, Holly began a long-distance relationship with a man living in Utah. This relationship caused tension between Holly and Miles, especially after Miles saw a suggestive photograph on Holly's phone that Holly had texted to her boyfriend. The picture was of Holly ...


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