Scroggins v. Templeton

I dissent.

“In the instant case, we cannot say, based on the record before us on appeal, that there was substantial evidence of the existence of a material change in circumstances warranting a change in the custody of the child.... Without the father’s meeting the stringent standard set out in Ex parte McLendon, [455 So.2d 863 (Ala.1984),] the trial court erred in its custody determination.”

Smith v. Smith, 865 So.2d 1207, 1210 (Ala. Civ.App.2003) (emphasis omitted).

The judgment of the trial court in this case stated:

*1024“[T]he Court finds that there is in fact a material change in circumstances…