PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS. (Jefferson Circuit Court, DR-93-3252, Court of Civil Appeals, AV93000759). Wadell C. Zanaty, Jr., TRIAL JUDGE.
Cook, Maddox, Shores, Houston, and Ingram, JJ., concur. Hornsby, C. J., concurs specially. Butts, J., Dissents, without opinion.
The opinion of the court was delivered by: Cook
Maddox, Shores, Houston, and Ingram, JJ., concur.
Hornsby, C. J., concurs specially.
Butts, J., Dissents, without opinion.
HORNSBY, CHIEF JUSTICE (concurring specially):
Although I concur in the denial of certiorari review, I write to address Ex parte Devine, 398 So. 2d 686 (Ala. 1981). In Devine, this Court abandoned the "tender years doctrine" and set out 12 factors the trial court must consider in determining custody in divorce cases:
(1) "The sex and age of the children";
(2) "the characteristics and needs of the child, including their emotional, social, moral, material and educational needs";
(3) "the respective home environments offered by the parties";
(4) "the characteristics of those seeking custody, including age, character, stability, [and] mental and physical health";
(5) "the capacity and interest of each parent to provide for the emotional, social, moral, material and ...