Marsh v. Smith

THOMAS, Judge.

Percy Marsh (“the father”) appeals from a judgment of the Mobile Circuit Court denying his request for a modification of custody. The father and Heather Marsh Smith (“the mother”) were divorced in July 2005; the divorce judgment awarded the parties joint custody of the parties’ daughter (“the child”), with the parents having alternating weeklong custodial periods. The joint custodial arrangement functioned well until the mother remarried and decided to move from Mobile County, where both parents had resided after the divorce, to Lucedale, Mississippi.

The mother informed the…