Opinion

Ex Parte Terry

  • 494 So. 2d 628
Court
Supreme Court of Alabama
Filed
Jun 27, 1986
Status
Published
Author
Jones
On the bench
Beatty, Jones
Cited by
237 cases
Authority
More cited than 15.1%

holding that McLendon standard did not apply in custody contest between natural father and ifíaternal -grdndparents when father did not lose custodial rights to maternal grandparents in divorce judgment

How later courts described this case

  • holding that McLendon standard did not apply in custody contest between natural father and ifíaternal -grdndparents when father did not lose custodial rights to maternal grandparents in divorce judgment
  • holding that in a custody dispute between a parent and a nonparent the parent is entitled to custody unless he or she is shown to be unfit
  • holding that a nonparent seeking custody of a child must prove the child's parent to be unfit
  • recognizing strong presumption in favor of parent's right to custody absent misconduct or neglect which renders the parent unfit

Written by the judges who cited it.

The opinion

I concur in the result. See Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 (1939).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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