Jones v. McCoy

I must respectfully dissent. I do not believe that Gary Tyrone McCoy (“the father”) presented sufficient evidence to prove that there has been a material change in circumstances to warrant the need for a change in the existing custody arrangement, or that a change in custody would materially promote the child’s welfare. See Baird v. Hubbart, 98 So.3d 1158, 1163 (Ala.Civ.App.2012) (citing Ex parte McLendon, 455 So.2d 863, 865-66 (Ala.1984)).

Janice Anita Jones (“the mother”) has had primary physical custody of the child since the parties divorced in 1997, when the child was about a year old.…