Moses v. Faulkner

ROBERTSON, Presiding Judge.

After an ore tenus proceeding, the trial court found the father to be in contempt of court regarding the mother’s visitation rights, changed custody of the minor child from the father to the mother, and awarded child support and attorney fees to the mother.

The father appeals, contending, in the main, that the trial court erred in changing custody of the child to the mother because, he says, the mother failed to meet the standard set out in Ex parte McLendon, 455 So.2d 863 (Ala.1984). We agree.

The parties were divorced in September 1987, and, by agreement of the…