Ex parte Patronas
Decision Date | 21 February 1997 |
Citation | 693 So.2d 473 |
Parties | Ex parte Otha Phillip PATRONAS. (In re Deborah K. PATRONAS v. Otha Phillip PATRONAS). 1960100. |
Court | Alabama Supreme Court |
W. Gregory Hughes, Mobile, for Petitioner.
Buzz Jordan and A. Jerome Dees of Huntley, Jordan & Associates, Mobile, for Respondent.
Otha Phillip Patronas ("the father") and Deborah K. Patronas ("the mother") were divorced in 1990. The trial court awarded custody of the two minor children to the mother. In 1995, the father petitioned for custody, which the trial court granted. The mother appealed. The Court of Civil Appeals reversed, holding as follows:
Patronas v. Patronas, 693 So.2d 469 (Ala.Civ.App.1996).
The father petitioned for certiorari review, which this Court granted to determine whether the trial court had properly awarded custody of the minor children to the father.
The father maintains that he carried the burden imposed under Ex parte McLendon, 455 So.2d 863 (Ala.1984), and that the Court of Civil Appeals erred by reweighing the evidence, Ex parte Bryowsky, 676 So.2d 1322 (Ala.1996), and by not according the trial court's custody order the proper presumption of correctness, Phillips v. Phillips, 622 So.2d 410 (Ala.Civ.App.1993). According to the father, he presented sufficient evidence to establish that the mother's living situation was unstable and put the children at risk, both physically and psychologically; that there had been a great deal of improvement in his lifestyle and circumstances; and that he was a fit and proper person to have custody of the children--that is, that he presented sufficient evidence to show that there had been a material change in circumstances and that a change in custody would materially promote the best interests of the children and would more than offset the disruptive effect caused by that change.
Although the trial court did not make specific findings of fact, a review of the record indicates that the court heard extensive testimony from the mother, the father, the minor children, character witnesses, and expert witnesses, much of which was disputed, concerning the mother's alleged drug use, the lifestyles of the mother and the father, the environment each of the parties could provide, and the alleged risk the children were exposed to while in the mother's custody. This Court stated in Ex parte Bryowsky, 676 So.2d 1322, 1324-26 (Ala.1996):
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Ex Parte G.C.
...the evidence, as well as the many inferences that may be drawn from that evidence, and to decide the issue of custody.'" Ex parte Patronas, 693 So.2d 473, 475 (Ala.1997). Based on the foregoing, the judgment of the Court of Civil Appeals is AFFIRMED. NABERS, C.J., concurs. STUART, SMITH, an......
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D.M.J. v. D.N.J.
...evidence, as well as the many inferences that may be drawn from that evidence, and to decide the issue of custody.” ’ Ex parte Patronas, 693 So.2d 473, 475 (Ala.1997) (quoting Ex parte Bryowsky, 676 So.2d at 1326). ‘Thus, appellate review of a judgment modifying custody when the evidence wa......
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D.M.J. v. D.N.J.
...evidence, as well as the many inferences that may be drawn from that evidence, and to decide the issue of custody.'" Ex parte Patronas, 693 So. 2d 473, 475 (Ala. 1997) (quoting Ex parte Bryowsky, 676 So. 2d at 132 6). 'Thus, appellate review of a judgment modifying custody when the evidence......
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Cochran v. Cochran
...(citing Benton v. Benton, [520 So.2d 534 (Ala.Civ.App. 1988)]). As the Alabama Supreme Court highlighted in [Ex parte] Patronas, [693 So.2d 473 (Ala.1997)], `"[T]he trial court is in the better position to consider all of the evidence, as well as the many inferences that may be drawn from t......