Bodne v. Bodne

Miller, Judge.

David Jerome Bodne appeals from the trial court’s order granting his ex-wife’s claim to become the primary physical custodian of their two minor children after he moved to Alabama. On appeal he contends that the trial court erred by awarding primary custody to his ex-wife, because, as the primary physical custodian of the children at the time of the divorce, Bodne had a prima facie right to retain custody of the children despite moving out of state with them. Since the final divorce decree and signed agreement between the parties clearly designated Bodne as the primary physical…