McGhee v. McGhee

I respectfully dissent from the denial of the petition for certiorari review in this case. The petitioner Norman McGhee alleges that the Court of Civil Appeals’ opinion reversing the trial court’s order modifying child custody conflicts with this Court’s decisions in Ex parte Jones, 620 So.2d 4 (Ala.1992), and Ex parte P.G.B., 600 So.2d 259 (Ala.1992). McGhee argues that

“the Court of Civil Appeals has substituted its assessment of the evidence and findings of fact for that of the trial eourt[’s] on the issues of whether the father had shown an obvious and overwhelming necessity for a change…