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DHS, STATE OF MISS. v. FILLINGANE

No. 1999-CA-00774-SCT.

761 So.2d 869 (2000)

DEPARTMENT OF HUMAN SERVICES, STATE OF MISSISSIPPI v. Melvin L. FILLINGANE, Jr.

Supreme Court of Mississippi.

June 15, 2000.

Attorney(s) appearing for the Case

Office of the Attorney General by Stephen C. Chayer, Attorney for Appellant.

Herbert H. Klein, Hattiesburg, Attorney for Appellee.

BEFORE PRATHER, C.J., MILLS AND COBB, JJ.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. On January 9, 1987, Melvin and Shirley Fillingane were granted a divorce on grounds of irreconcilable differences in the Chancery Court of Forrest County, following twelve years of marriage. The divorce decree incorporated a Child Custody, Support and Visitation Agreement which provided that Shirley would have primary custody...

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