Bamburg v. Morse
Bamburg v. Morse
Opinion of the Court
The final judgment of divorce in April 1992 included the parties’ stipulation that they would have joint custody of their two minor children, with primary custody alternating
At the hearing both parents presented testimony and other evidence. The trial court announced that it would conduct an in camera examination of the minor children. The father objected, but the court conducted an in camera examination. The trial court granted custody to the mother, with visitation rights to the father. The father appealed.
In the absence of a waiver or consent, a private interview by the trial court with minors in chambers cannot be condoned. Ex parte Berryhill, 410 So.2d 416 (Ala. 1982). Therefore, the judgment of the trial court is reversed and the cause is remanded for proceedings consistent with this opinion.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Reference
- Full Case Name
- Grady George Bamburg v. Sarah Elizabeth Bamburg Morse.
- Cited By
- 2 cases
- Status
- Published