Supreme Court of Alabama, 1981

Patterson v. Patterson

Supreme Court of Alabama · Decided May 8, 1981 · Faulkner, Jones, Shores, Em-Bry, Beatty, Adams, Torbert, Maddox, Al-Mon

399 So. 2d 849; 1981 Ala. LEXIS 3512 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

FAULKNER, JONES, SHORES, EM-BRY, BEATTY and ADAMS, JJ., concur. TORBERT, C. J., and MADDOX and AL-MON, JJ., dissent.

Dissenting Opinion

MADDOX, Justice

(dissenting).

Decisions of trial judges, who see and hear the witnesses and assess the evidence, should be affirmed in child custody cases unless there is a clear abuse of discretion.

The trial judge determined that the best interest of the child would be best served by changing custody. I am of the opinion that a majority of the Court of Civil Appeals has substituted their judgment for that of the trial judge. I would grant the writ.

TORBERT, C. J., and ALMON, J., concur.

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