Ross v. Segrest, 53482

• Decision Date: 17 November 1982
• Docket Number: No. 53482,53482
• Citation: 421 So.2d 1234
• Parties: Denise Mary Segrest ROSS v. David H. SEGREST.
• Court: Mississippi Supreme Court

Page 1234

421 So.2d 1234 Denise Mary Segrest ROSS
v.
David H. SEGREST. No. 53482. Supreme Court of Mississippi. Nov. 17, 1982.

Page 1235

Thomas, Price, Alston, Jones & Davis, John H. Price, Jr., Mary C. Henkel, Jackson, for appellant.

Minor F. Buchanan, Jackson, for appellee.

Before SUGG, P.J., and ROY NOBLE LEE and DAN M. LEE, JJ.

ROY NOBLE LEE, Justice, for the Court:

David H. Segrest filed a petition in the Chancery Court of Claiborne County, Honorable Frank W. Walden, presiding, to obtain child support for John Christopher Segrest from Denise M. Segrest Ross, his former wife. Mrs. Ross filed a cross-petition, seeking additional visitation rights with said child (12-year-old) and attorney's fees. The lower court ordered Mrs. Ross to pay unto Mr. Segrest two hundred dollars ($200.00) per month for the support of John Christopher Segrest, declined to modify the custody decree, but defined visitation rights of Mrs. Ross with the child, and required the respective parties to pay their own attorney's fees. Mrs. Ross appeals and assigns the following errors in the trial below:

(1) The chancery court erred in declining to grant more extensive visitation rights between appellant and John Christopher Segrest.

(2) The chancery court erred in ordering appellant to pay child support.

(3) The chancery court erred in permitting appellee to call appellant as an adverse witness and then remain in the courtroom to hear her testimony.

(4) The lower court erred in denying appellant counsel fees and in taxing costs against her.

Segrest was granted a divorce in the Chancery Court of Claiborne County from appellant, July 23, 1980, on the ground of adultery, and he was awarded custody of John Christopher Segrest, who was born May 26, 1970. Another child, Rebecca Elizabeth Segrest, was born of the marriage, but was not mentioned in that decree. We assume that at said time she was in custody of the appellant in the State of Texas. Appellant married Dr. Scott K. Ross in August, 1980, and they reside in Garland, Texas.

On January 6, 1981, a trial was held in the State of Texas for the purpose of fixing custody, visitation rights and support for Rebecca Elizabeth Segrest, ¹ and her father, David Segrest, was appointed her Managing Conservator and appellant was appointed Possessory Conservator of said child with certain specific visitation rights. Appellant was ordered to pay three hundred dollars ($300.00) per month for the support of that child.

Subsequently, in February, 1981, Segrest filed the petition in the Chancery Court of Claiborne County seeking support for John Christopher Segrest on the ground that appellant's husband, Dr. Scott K. Ross, is a practicing physician in Rockwall, Texas, and makes an income of...