# Griggs v. Barnes

> Supreme Court of Alabama · March 24, 1955 · 262 Ala. 357

URL: https://www.frixlaw.com/law-library/cases/9688732

## Case

- **Full name:** Barbara Jean GRIGGS v. Earsel BARNES Et Ux.
- **Court:** Supreme Court of Alabama
- **Decided:** March 24, 1955
- **Citations:** 262 Ala. 357; 78 So. 2d 910; 1955 Ala. LEXIS 443
- **Precedential status:** Published
- **Opinion:** Concurrence by Simpson
- **Judges:** Mayfield, Livingston, Goodwyn, Simpson
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9688732

## How later opinions describe it (automated extraction)

- stating that ""`[t]he essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion'"" (quoting Guardianship of Smith, 255 P.2d 761, 762 (Cal. 1953) (quoting Lerner v. Superior Court, 38 Cal…
- stating that “ ‘ “[t]he essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion” ’ ” (quoting Guardianship of Smith, 255 P.2d 761, 762 (Cal. 1953) (quoting Lerner v. Superior Court, 24…
- holding that evidence of "a shabby and uncompelling nature" is insufficient to prove that a parent lacks the capacity to properly raise his or her child

## Opinion text

SIMPSON, Justice
(concurring specially)-
While still adhering to my dissent in the first case cited supra, I perforce must respectfully bow to the decision of the majority. With this preface I concur in the instant opinion that no sufficient change in conditions have been made to appear to justify modification of the former decree.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688732. Public record. Not legal advice.