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204 So. 3d 366

McLendon v. Mills

Supreme Court of Alabama

Decided January 29, 2016

Supreme Court of Alabama · decided 2016-01-29

Relies on 455 So. 2d 863 - Ex Parte McLendon · Ex Parte Couch

Decided 2016-01-29

MURDOCK, Justice

¶1(concurring specially).

¶2I concur in quashing the writ in this case. I write separately to note that I would be open, in an appropriate case, to reexamining the issue whether the standard set out in Ex parts McLendon, 455 So.2d 863 (Ala. 1984), rather than the standard set out in Ex parte Couch, 521 So.2d 987 (Ala. 1988), should be applied to a petition to modify custody where joint physical custody has been maintained for a meaningful period pursuant to a prior court order.

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