Monday, February 11, 2008
The Alabama Supreme Court has reversed two of its previous decisions regarding the standard for change of child custody, emphasizing that the standard under Alabama law requires a party seeking a change in custody to show that the change "will materially promote [the] child's welfare." Previous appellate courts had additionally required that the movant prove an "overwhelming necessity for a modification of custody." The court noted that its original standard is "typically a heavy one, recognizing the importance of stability" but found the "overwhelming-necessity requirement places a nearly insurmountable burden on the party seeking a modification of custody, and in doing so, elevates stability above the best interests of the child."
Ex parte Cleghorn, 2008 Ala. LEXIS 26, Alabama Supreme Court (February 8, 2008) bgf