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399 So. 2d 849

Patterson v. Patterson

Supreme Court of Alabama

Decided May 8, 1981

Supreme Court of Alabama · decided 1981-05-08

Decided 1981-05-08

MADDOX, Justice

¶1(dissenting).

¶2Decisions of trial judges, who see and hear the witnesses and assess the evidence, should be affirmed in child custody cases unless there is a clear abuse of discretion.

¶3The trial judge determined that the best interest of the child would be best served by changing custody. I am of the opinion that a majority of the Court of Civil Appeals has substituted their judgment for that of the trial judge. I would grant the writ.

¶4TORBERT, C. J., and ALMON, J., concur.

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