Legal Opinion · Dissent

D.M.J. v. D.N.J.

Court of Civil Appeals of Alabama

Decided July 27, 2012No. 2101079Published

1DissentMoore, Judge

Once a trial court has entered a judgment establishing the physical-custody arrangement for a child, that judgment

“is conclusive of the interest of the child and the rights of the parents, so long as the status at the time of the decree remains without material change, or unless pertinent facts existing, but not dis*404closed, at the time of the final decree are brought to light.”

Messick v. Messiah, 261 Ala. 142, 144, 78 So.2d 547, 549 (1954). A change of circumstances is considered “material” under Alabama law if that change “ ‘affeet[s] the welfare and best interests of the child or children…

2Cases cited9 opinions

  1. Ex Parte McLendonSupreme Court of Alabama · 1984
  2. Messick v. MessickSupreme Court of Alabama · 1954
  3. Ford v. FordSupreme Court of Alabama · 1975
  4. J.B.F. v. J.M.F.Supreme Court of Alabama · 1998
  5. Mansfield v. Toye Bros. Yellow Cab Co.Louisiana Court of Appeal · 1955

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