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PORTER v. PORTER

No. 2006-CA-01592-COA.

23 So.3d 470 (2008)

Rachel Driskell PORTER (Spivey), Appellant, v. Timothy Wade PORTER, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 3, 2009.

Attorney(s) appearing for the Case

Richard C. Roberts, Jackson, attorney for appellant.

William R. Wright, Jackson, Trhesa Bryan Barksdale, Deborah H. Bell, W. Benton Gregg, attorneys for appellee.

Before LEE, P.J., ISHEE, and ROBERTS, JJ.

ISHEE, J., for the Court.

¶ 1. Tim Porter ("Tim") and Rachel Porter Spivey ("Rachel") were granted an irreconcilable differences divorce in October 2000. Under the custody agreement signed by both parties and incorporated into their divorce decree, Tim and Rachel agreed to share joint physical and legal custody of their three children from the marriage.

¶ 2. In late 2005, Rachel's new husband accepted a job in Memphis, Tennessee. Subsequently, in...

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