Opinion

DuBois v. DuBois

  • 714 So. 2d 308
  • 1998 WL 108099
Court
Court of Civil Appeals of Alabama
Filed
Mar 13, 1998
Status
Published
Author
Crawley
On the bench
Crawley, Monroe
Cited by
31 cases
Authority
More cited than 15.1%

holding that a trial court abused its discretion in ordering a custody spilt that gave husband custody every weekend because the schedule “would not permit the children to spend any quality time with their mother”

How later courts described this case

  • holding that a trial court abused its discretion in ordering a custody spilt that gave husband custody every weekend because the schedule “would not permit the children to spend any quality time with their mother”
  • after reversing a trial court's award of retirement benefits, this court was unable to review the trial court's division of property or its failure to award periodic alimony for an abuse of discretion, and on remand the trial court was ordered to consider the entire judgment in making an equitable division
  • “The primary consideration in setting visitation rights is the best interest of the child.”

Written by the judges who cited it.

The opinion

I dissent on the issue of visitation. This court has previously held that granting the noncustodial parent every weekend visitation is not an abuse of discretion. Denney v. Forbus , 656 So.2d 1205 (Ala.Civ.App. 1995). I cannot distinguish this case from Denney .

ROBERTSON, P.J., concurs.

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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