Legal Memorandum: Child Custody Determination in AL

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
Jurisdiction: Alabama
Cited Cases: 676 So. 2d 1322; 646 So. 2d 46
Cited Statutes: None
Date: 04/01/2013

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)


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)