Issue: What conditions are necessary for a reversal of a trial court’s child custody determination in Alabama?
|Area of Law:||Family Law, Litigation & Procedure|
|Keywords:||Child custody determination; Reversal; Ore tenus|
|Cited Cases:||676 So. 2d 1322; 646 So. 2d 46|
On review of a trial court’s child custody determination based on evidence presented ore tenus, the trial court’s decision “is accorded a presumption of correctness on appeal,” and the decision shall be reversed only if “the evidence so fails to support the determination that it is plainly and palpably wrong.” Ex parte Perkins, 646 So. 2d 46, 47 (Ala. 1994). Ordinarily, when the trial court fails to make specific findings of fact, “appellate courts will assume that the trial court made those findings necessary to support its judgment, unless such findings would be clearly erroneous.” Ex parte Bryowsky, 676 So. 2d 1322, 1324 (Ala. 1996)