Vaughn v. Vaughn

After an ore tenus hearing, the trial court set aside a prior modification decree entered via default judgment which changed custody of the parties' minor son from the mother to the father. From this judgment the father appeals and we affirm.

The dispositive issue on appeal is whether the trial court abused its discretion in apparently setting aside the earlier default modification decree pursuant to Rule 60 (b), Alabama Rules of Civil Procedure.

The brief facts are that the parties were divorced in 1979, wherein the mother was given custody of the parties' three children. The father was…