D.M.J. v. D.N.J.

I respectfully dissent. My review of the record does not lead me to the determination that the evidence before the trial court supports its conclusion that a modification of the parties’ joint-custody arrangement, which our legislature requires us to favor, was warranted. Ala.Code 1975, § 30-3-150.3 I do not agree that, in this case, the trial court could have “inferred” that D.N.J. (“the father”) had offered proof to the trial court of a material change of circumstances affecting the best interest and welfare of the child.

The majority of this court is convinced that the father presented…