Wells v. Wells

This is a child custody modification case.

The Jefferson County Circuit Court, after an ore tenus hearing, denied the father's petition for modification of custody. The father appeals and we reverse.

Viewing the record with the attendant presumptions, we find the following pertinent facts are revealed:

The parties were divorced in July of 1982. Custody of the couple's two minor children, who were ages five and seven at the time of the divorce, was awarded to the mother.

The mother has since remarried and maintains a home in Coosa County near Clanton. There was considerable evidence surrounding…