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.

J.S.S. v. D.P.S.

Alabama Court of Civil Appeals

January 11, 2019

J.S.S.
v.
D.P.S.

          Appeals from Shelby Circuit Court (DR-11-900581.01 and DR-11-900581.02)

          MOORE, JUDGE.

         J.S.S. ("the father") appeals from a judgment entered by the Shelby Circuit Court ("the trial court"), in case number DR-11-900581.01 and case number DR-11-900581.02, to the extent the judgment declined to modify the physical custody of E.S. ("the child"), the father's child with D.P.S. ("the mother") and declined to hold the mother in contempt. In appeal number 2170865, involving the contempt issues, we affirm the judgment; in appeal number 2170866, involving the custody-modification issues, we remand the case to the trial court for further proceedings.

         Procedural History

         On February 15, 2013, the parties were divorced by a judgment of the trial court that incorporated an agreement between the parties. That agreement provided that the mother would exercise sole legal and sole physical custody of the child and that the father would have specified visitation and reasonable telephone contact with the child.

         On September 11, 2014, the father filed a verified petition for a rule nisi; that petition was assigned case number DR-11-900581.01. He alleged, among other things, that the mother had failed to allow him his visitation periods with the child, had failed to allow him reasonable telephone contact with the child, and had failed to provide him notice of her relocation with the child. He amended his petition on October 27, 2014.

         On December 10, 2014, the mother filed a petition for a modification of the father's visitation; that petition was assigned case number DR-11-900581.02. On April 22, 2015, the father moved to consolidate the actions; that motion was granted on April 24, 2015. On August 7, 2015, the father filed, in case number DR-11-900581.02, a counterpetition to modify custody, visitation, and child support. The mother answered the counterpetition on August 12, 2015.

         On February 10, 2016, the father filed a motion requesting, among other things, that the trial court hold the mother in contempt for denying his weekend visitation and telephone contact with the child.

         On March 11, 2016, the trial court entered an order stating that the father would have "the care, custody, and control" of the child "for an uninterrupted period of twelve (12) consecutive days." The trial court reserved the issue of contempt for the trial on the father's petition for a rule nisi, the mother's petition to modify, and the father's counterpetition to modify.

         On March 28, 2016, the father filed a verified motion for contempt; he alleged that the mother had denied him his "spring break" visitation with the child. On May 18, 2016, the father filed a second verified motion for contempt, alleging, among other things, that the mother had failed to allow him visitation or telephone contact with the child; he amended that motion on June 1, 2016.

         On March 16, 2017, the trial court entered an order awarding the father pendente lite sole physical custody of the child and awarding the mother supervised visitation. On March 20, 2017, the mother moved to set aside that order. On April 26, 2017, the trial court entered an order setting aside the March 16, 2017, order.

         After a trial, the trial court entered a judgment, in both case number DR-11-900581.01 and case number DR-11-900581.02, on February 25, 2018, stating, among other things:

"The Court finds that the [father] met his burden of proof under the McLendon[1] standard to warrant a change in custody. Accordingly, the [father's] petition to modify custody is hereby GRANTED. The parties shall share joint custody of the minor child and the Mother shall have primary, physical custody with the Father having Shelby County standard visitation which shall be filed into AlaCourt as an exhibit incorporated herein. However, the standard visitation shall be expanded on the Father's weekends from Thursday after school until Sunday evenings at 6:00 p.m. Additionally, the Father shall have an extra two weeks of visitation during the first calendar year after the entry of this Order."

         The trial court also denied the father's petition for a rule nisi ...


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.