Supreme Court of Alabama, 2016

McLendon v. Mills

McLendon v. Mills
Supreme Court of Alabama · Decided January 29, 2016 · Bolin, Bryan, Main, Moore, Murdock
204 So. 3d 366 (Southern Reporter, Third Series)

McLendon v. Mills

Concurring Opinion

MURDOCK, Justice

(concurring specially).

I concur in quashing the writ in this case. I write separately to note that I would be open, in an appropriate case, to reexamining the issue whether the standard set out in Ex parts McLendon, 455 So.2d 863 (Ala. 1984), rather than the standard set out in Ex parte Couch, 521 So.2d 987 (Ala. 1988), should be applied to a petition to modify custody where joint physical custody has been maintained for a meaningful period pursuant to a prior court order.

Opinion of the Court

BOLIN, Justice.

WRIT QUASHED. NO OPINION.

MOORE, C.J., and MAIN and BRYAN, JJ., concur. MURDOCK, J., concurs specially.

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