Cochran v. Cochran

(concurring in the judgment of reversal, but dissenting as to the rationale and the instructions on remand).

Because of the presumptions attendant to the ore tenus rule, as well as for other reasons hereinafter stated (including my disagreement with certain statements of law in the main opinion), I respectfully dissent from the conclusions in the main opinion and the instructions on remand.

I. The Modification of Legal Custody

The 2001 divorce judgment awarded the parties “joint legal custody” of their two sons. See Ala.Code 1975, § 30-3-151(2) (defining joint legal custody). The 2001 divorce…