Bates v. Bates

THOMPSON, Presiding Judge.

Kelly A. Bates (“the mother”) appeals from an order of the Mobile Circuit Court (“the trial court”) denying her Rule 55, Ala. R. Civ. P., motion to set aside the défault judgment entered against her. The default judgment was entered after the mother failed to appear at a hearing on a petition for a change of custody and for a modification of child support filed by David E. Bates (“the father”).

The record indicates the following. The parties were divorced in 2007. The parties have 2 minor children who are currently 12 and 14 years old. Pursuant to the 2007 divorce…