¶2Although I agree that the trial court's custody judgment must be reversed and the cause remanded, I believe it is necessary to point out to the trial court that its determination whether the father met the standard imposed by Ex parte McLendon,455 So.2d 863 (Ala. 1984), is not confined to whether the father met that standard in 2001, as the trial court's January 2004 judgment indicated that the father did in 2001. Instead, based upon all the evidence presented throughout the pendency of this case, the trial court must determine whether the father met the Ex parteMcLendon standard in January 2004.
897 So. 2d 349
Reid v. Reid
Court of Civil Appeals of Alabama
Decided September 17, 2004
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Court of Civil Appeals of Alabama · decided 2004-09-17
Cited by 5 later decisions — most recently July 2018
5 state decisions
Relies on 455 So. 2d 863 - Ex Parte McLendon
Good law ✅— No negative treatment on recordhow we know
Decided 2004-09-17
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