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).