Kimbrell v. Kimbrell

INGRAM, Judge.

In the divorce judgment, the trial court awarded custody of Bethany Ellen Kim-brell, age 15 months, to the father. The mother appeals, contending that the trial court abused its discretion.

It is well established that a decision as to child custody in a divorce case falls within the sound discretion of the trial court, and its ruling will not be disturbed on appeal except where such discretion was plainly and palpably abused. Myers v. Myers, 528 So.2d 413 (Ala.Civ.App.1987). Moreover, where the trial court personally hears the evidence, as in the instant appeal, the judgment…