A.M. v. J.S.

On Application for Rehearing

THOMAS, Judge.

The opinion issued by this court on June 5, 2009, is withdrawn, and the following opinion is substituted therefor.

A.M. (“the mother”) appeals from a judgment of the Elmore Circuit Court awarding custody of B.N.S. (“the child”) to J.S. (“the father”). We reverse.

The child, a daughter, was born to the parents in 1999. The parents have never been married to each other. In 2001, the Elmore Juvenile Court awarded the parties joint legal custody and the mother sole physical custody of the child. In 2007, the father filed a petition to modify the 2001…