Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Barrett v. Barrett

Alabama Court of Civil Appeals

May 22, 2015

Henley Livingston Barrett
v.
Clifton Drew Barrett

         As Corrected August 4, 2015.

          Appeal from Talladega Circuit Court. (DR-12-900154).

         THOMAS, Judge. Thompson, P.J., and Pittman, Moore, and Donaldson, JJ., concur.

          OPINION

Page 972

          THOMAS, Judge.

         Henley Livingston Barrett (" the wife" ) appeals from a judgment of the Talladega Circuit Court (" the trial court" ) divorcing her from Clifton Drew Barrett (" the husband" ).

         The parties were married on August 20, 2005; one child was born of the marriage on February 21, 2009. On April 11, 2012, the wife filed in the trial court a complaint for a divorce seeking, among other things, sole legal and physical custody of the child and an ex parte petition for pendente lite custody of the child and exclusive use of the marital residence; the ex parte petition asserted that the husband was residing in a drug-rehabilitation facility. The trial court granted the wife's ex parte petition on April 19, 2012. On May 8, 2012, the husband filed an answer and a counterclaim for a divorce in which he sought joint legal and physical custody of the child. The trial court entered an order on May 11, 2012, in which it found that the husband had a history of drug abuse and awarded the husband supervised visitation with the child during the pendency of the divorce proceedings; the trial court entered another order on May 21, 2012, ordering the husband to pay monthly child support during the pendency of the divorce proceedings. The husband filed a motion seeking to hold the wife in contempt on May 24, 2012, asserting that the wife had refused to allow him to visit with the child; he filed a second contempt motion on December 18, 2012, asserting that the wife had prevented him from retrieving his personal property from the marital residence.

         After a trial at which the trial court heard evidence ore tenus, the trial court entered a final judgment on September 2, 2014, which, among other things, divorced the parties, awarded the parties joint legal custody of the child, awarded the wife sole physical custody of the child, and ordered the husband to pay $302 in monthly child support. The trial court awarded the husband visitation with the child and ordered that the visitation be supervised for six months and that,

" [a]fter a period of six (6) months, the [trial] court will review [the] case and should there not be any major issues as it pertains to visitation then the visitation on behalf of the [husband] shall be extended to standard visitations so that the child will have consistent contact with the [husband] as is standard in this

Page 973

court." [1]

         On September 5, 2014, the husband filed a motion to clarify the visitation schedule. The wife filed a motion to alter, amend, or vacate the judgment on October 2, 2014, in which she challenged, among other things, the trial court's determination that the husband's visitation would, barring " any major issues," change from being supervised to being unsupervised after six months elapsed. The wife filed a notice of appeal on October 14, 2014, which was held in abeyance until the wife's postjudgment motion was disposed of. See Rule 4(a)(5), Ala. R. App. P. The record does not indicate that the trial court ever ruled on the wife's postjudgment motion; therefore, it was denied by operation of law on December 1, 2014. See Rule 59.1, Ala R. Civ. P.

         In her brief on appeal, the wife argues (1) that the trial court erred by awarding the parties joint legal custody, (2) that the provision in the trial court's judgment stating that the husband's visitation would be modified after six months elapsed was an abuse of discretion, and (3) that the trial court failed to comply with Rule 32, Ala. R. Jud. Admin.

         Taking the wife's issues out of order, we first address her argument that the trial court exceeded its discretion by providing that the husband's supervised visitation would be reviewed in six months and by stating that, barring " any major issues," the husband's visitation would be modified to standard unsupervised ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.