Whitehead v. Phillips

It was not the father’s burden to adduce, in the language of the main opinion, “evidence that the children’s current living arrangement had a detrimental effect on them.” See Ex parte McLendon, 455 So.2d 863, 866 (Ala.1984) (holding that a noncustodial parent seeking a change in custody must show that a change of custo*180dy materially promotes” a childs best interests and welfare, and rejecting proposition that the parent seeking custody has the burden of showing a change in circumstances that “adversely affect” child’s welfare). In my view, evidence of the father’s improved financial and living…