Legal Opinion

Bogue v. Bogue

Court of Civil Appeals of Alabama

Decided June 28, 1989No. Civ. 6895Published

1Opinion of the Court

INGRAM, Presiding Judge.

Following an ore tenus proceeding, the trial court in October 1988 entered a final divorce decree wherein it awarded permanent custody of the parties’ two-year-old son to the father. The mother appeals.

*1345Our scope of review in child custody cases is limited. When evidence in a custody matter is presented ore tenus, the finding of the trial court is presumed correct and will not be set aside on appeal absent a palpable showing of abuse. Dockins v. Dockins, 475 So.2d 571 (Ala.Civ. App.1985). The determinative factor in awarding custody is the best interest and welfare of…

2Cases cited2 opinions

  1. Dockins v. DockinsCourt of Civil Appeals of Alabama · 1985
  2. Grant v. GrantCourt of Civil Appeals of Alabama · 1987

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