Lacey v. Lacey

822 So. 2d 1132, 2002 WL 1614083
CourtCourt of Appeals of Mississippi
DecidedJuly 23, 2002
Docket2001-CA-00879-COA
StatusPublished
Cited by8 cases

This text of 822 So. 2d 1132 (Lacey v. Lacey) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lacey v. Lacey, 822 So. 2d 1132, 2002 WL 1614083 (Mich. Ct. App. 2002).

Opinion

822 So.2d 1132 (2002)

Wanda Collier LACEY, Appellant,
v.
Charles Frank LACEY, Appellee.

No. 2001-CA-00879-COA.

Court of Appeals of Mississippi.

July 23, 2002.

*1133 Debra Lynn Allen, Jackson, attorney for appellant.

Edward C. Fenwick, Kosciusko, attorney for appellee.

Before SOUTHWICK, P.J., BRIDGES, and BRANTLEY, JJ.

SOUTHWICK, P.J., for the court.

¶ 1. Wanda C. Lacey filed a petition against her ex-husband, C. Frank Lacey, requesting that she be awarded physical *1134 custody of the couple's two children or, alternatively, requesting that she be awarded more definite visitation. Mr. Lacey filed a cross-petition requesting modification of visitation and child support. The chancellor restricted Mrs. Lacey's visitation and ordered her to pay $310 per month in child support. Mrs. Lacey appeals arguing that the chancellor erred in modifying visitation, erred in questioning Mrs. Lacey, and erred in ordering child support. We affirm.

STATEMENT OF FACTS

¶ 2. Wanda and Frank Lacey were granted an irreconcilable differences divorce on December 19, 1996. Mr. Lacey was granted physical custody of the couple's two children, ages four and one-and-a-half, at the time of the divorce. No visitation schedule was detailed in the couple's property settlement and child custody agreement. Mrs. Lacey was granted "reasonable visitation rights."

¶ 3. On January 26, 2001, Mrs. Lacey filed a petition for citation of contempt and for modification of custody. Mrs. Lacey alleged that since December 2000 Mr. Lacey had willfully refused to allow visitation with the two children in violation of the child custody agreement. The petition also alleged a material change in circumstance adverse to the welfare of the children and that it would be in the children's best interest to be placed in her custody. An amended petition alleged that Mr. Lacey "created a home environment which has endangered the physical and emotional well-being of the children." Mrs. Lacey requested she be awarded visitation as specified in her petition, if not awarded physical custody.

¶ 4. Three days later, Mr. Lacey filed his own petition for modification. Mr. Lacey's petition alleged that Mrs. Lacey "has engaged in a variety of behaviors which have endangered the children both physically and emotionally." Mr. Lacey requested that Mrs. Lacey be allowed only supervised visitation. Additionally, Mr. Lacey requested that Mrs. Lacey be ordered to pay child support equal to twenty-percent of her adjusted gross monthly income.

¶ 5. Two hearings were held in this matter. The first concerned Mrs. Lacey's request for an independent mental and physical examination of the couple's children and the appointment of a guardian ad litem. The chancellor denied these requests. The second hearing concerned the issues of contempt, custody, and child support.

¶ 6. At the second hearing, held on April 24, 2001, the only persons to testify were Mrs. Lacey and Mr. Lacey. At the time of this hearing, the daughter was nine, and the son was six.

¶ 7. Mrs. Lacey testified that at the time of the divorce she was in a drug rehabilitation center. After being discharged, Mrs. Lacey lived in four different places before finally settling in Brandon, Mississippi. Mrs. Lacey admitted that after discharge from rehabilitation she relapsed into using alcohol, marijuana, cocaine, crack, and crystal methamphetamine. She used these drugs from May 1996 until April 1999. When asked what prompted her to suddenly cease all drug use, Mrs. Lacey replied that "I was quite angry because the life as I knew in the drug world was the same, but I was different, you know, because I had been sober for six years and it took me a long time not to be so angry at myself." Mrs. Lacey explained that in 1999 she "was about to commit homicide because of all these people around me stealing my car, stealing my clothes, stealing all of my stuff that I knew I had to make a change in my life."

*1135 ¶ 8. Mrs. Lacey testified that she had been taking Paxil since shortly before the divorce in 1996. Mrs. Lacey testified that Paxil helped control her "anxiety and paranoia and rage." She testified that she believed her daughter to have similar problems. Mrs. Lacey testified that she offered her then six-year-old daughter a half-dose of Paxil because she thought her daughter was "in a mood," but her daughter was "smart enough from what she has been taught" not to take the pill. Mrs. Lacey stated that "it is pretty much thank goodness when I don't have enough reliability that, to make an adult decision ..." in regards to the offering of Paxil to her daughter. Mrs. Lacey also admitted that she had a "bong," a device used to smoke marijuana, in her house and that her daughter knew how it was used. When asked how her daughter could have acquired such knowledge, Mrs. Lacey admitted that her daughter probably saw her smoking marijuana.

¶ 9. Mrs. Lacey testified that she had been in a romantic relationship with Laura Farris since June 2000 and that Ms. Farris had lived with her since October 2000. Mrs. Lacey testified that she did housework topless when her children were present. She also stated that she would watch television in the nude. Mrs. Lacey proceeded in this manner even after Ms. Farris moved in with her and the children were also present. Mrs. Lacey stated that after Ms. Farris moved in that she did not change her habits although "it seemed like it was more of a problem with the children and I really didn't think much about it...." Mrs. Lacey stated that she now realized that the children were no longer babies and that "changes need to take place so that [my daughter] feels comfortable and safe because, you know, she is developing, you know, and I have to consider that." Mrs. Lacey testified that the children saw her when she was nude and in the bed with Ms. Farris. Mrs. Lacey also testified that she left an uncovered box of "sexual devices" on her bedroom floor and that the children saw them. Mrs. Lacey told the children that the box contained Halloween toys.

¶ 10. Mrs. Lacey stated that her daughter was at one time disturbed by her relationship with Ms. Farris but claimed her daughter no longer had a problem with it. Mrs. Lacey explained that she told her daughter that "Jesus loves me and Jesus loves you and he teaches us not to hate and all we can do is do what Jesus does." Mrs. Lacey objects that she was asked by the chancellor to explain how she was going to reconcile her explanation to her daughter with what the Bible stated about her present relationship if she was going to use it as a tool to set an example for her daughter.

¶ 11. The chancellor questioned Mrs. Lacey about an occasion when her children woke earlier than she and Ms. Farris did. Mrs. Lacey testified on that occasion she told the children to go play or get themselves something to eat while she and Ms. Farris remained in the bed, but the children continued to bang on the bedroom door. When asked why she did not pay attention to her children, Mrs. Lacey responded that "I was being selfish at that time and Laura goes to work on the weekends and I don't get to see her and it is a new relationship." Mrs. Lacey testified that during visitation at her parents' house that she, Ms. Farris, and the children would sleep in the same bed. Mrs. Lacey testified that her daughter did not like speaking with Ms. Farris whenever Ms. Farris called her parents' house during visitation. Mrs. Lacey also stated that since the divorce she had intimate relationships with three men and five women, including Ms. Farris.

*1136 ¶ 12. Mrs.

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Bluebook (online)
822 So. 2d 1132, 2002 WL 1614083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacey-v-lacey-missctapp-2002.