Sain v. Sain

This is a child custody case.

The mother appeals from an order of the Circuit Court of Mobile County granting the father custody of the minor child. We reverse and remand.

The parties to this appeal were divorced by the Circuit Court of Mobile County in April, 1981, on grounds of incompatibility of temperament. There was one minor child born of the marriage. The parties' agreement concerning custody and visitation was incorporated into the decree whereby the trial court awarded custody to the mother and granted the father visitation.

Subsequently, the father filed a motion in May, 1981, seeking…