Morris, In re

CourtAlabama Court of Civil Appeals
Writing for the CourtWRIGHT
Citation494 So.2d 87
Decision Date11 June 1986
PartiesIn re the Matter of Bridgette Lachae MORRIS, a minor. Elaine MORRIS v. Janet M. PRESSLEY and James W. Mims, guardian ad litem. Civ. 5272.

Page 87

494 So.2d 87
In re the Matter of Bridgette Lachae MORRIS, a minor.
Elaine MORRIS
v.
Janet M. PRESSLEY and James W. Mims, guardian ad litem.
Civ. 5272.
Court of Civil Appeals of Alabama.
June 11, 1986.

Page 88

Michael W. Landers of Bell and Landers, Sylacauga, for appellant.

Andrew W. Redd of Machen, Redd & Dobson, Sylacauga, for appellee.

WRIGHT, Presiding Judge.

This is a child custody and child visitation case. The issue on appeal is whether the court erred when it denied the grandmother's petition for custody of the child or for visitation privileges with the child.

The case involves these facts: A child, Bridgette Lachae' Morris, was born to Janet Pressley (mother) in 1979. In 1981 the mother left the child with Elaine Morris, the child's grandmother. The grandmother filed a petition for temporary custody of the child in July 1981. By agreement of the parties and with the mother's consent, the Juvenile Court of Talladega County, granted the temporary custody of the minor child to Elaine Morris. The purpose of securing legal custody in the grandmother was to qualify her for medicaid benefits.

Temporary custody of the child continued to be with the grandmother until February 1985. However, the child had been in the physical custody of the mother since September 1983, with the grandmother's consent. After an altercation between the mother and grandmother over the child, the mother filed a petition to regain legal custody of the child. An order was entered by the court, placing temporary custody of the child with the mother pending a final hearing. After an ore tenus hearing, the court entered an order restoring the custody of the minor child to the mother. This order also denied the grandmother visitation privileges with the child. The grandmother appeals.

The grandmother's first contention on appeal is that the welfare and best interests of the child would best be served by placing the child in her custody. She also asserts that the mother has failed to meet her burden of showing changed circumstances. She further contends that pursuant to § 30-3-4, Code of Alabama 1975,

Page 89

visitation rights for grandparents have been made discretionary with the trial court and that the court abused this discretion in not allowing her visitation privileges. She asserts that a common-law right of visitation exists for grandparents.

When a court hears evidence ore tenus, its judgment is presumed to be correct, and this court will not...

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6 practice notes
  • Adoption of RDS, Matter of, No. C-89-5
    • United States
    • United States State Supreme Court of Wyoming
    • February 23, 1990
    ...under the common law, 4 grandparents do not have a right to visit their grandchildren if forbidden by the parents. Morris v. Pressley, 494 So.2d 87 (Ala.Civ.App.1986); Annotation, Grandparents' Visitation Rights, 90 A.L.R.3d 222, 225 (1979). The Wyoming legislature enacted Wyo.Stat. § 20-2-......
  • B.R.O. v. G.C.O.
    • United States
    • Alabama Court of Civil Appeals
    • August 5, 1994
    ...this grandmother to seek visitation rights, and her clever arguments do not create a right that does not exist. See In re Morris, 494 So.2d 87 (Ala.Civ.App.1986). Furthermore, the guiding rules of statutory construction, as clarified in John Deere Co. v. Gamble, 523 So.2d 95 (Ala.1988), lea......
  • Hathcock v. Hathcock
    • United States
    • Alabama Court of Civil Appeals
    • October 25, 1996
    ...have some moral obligations that are not legally enforceable duties. See Ex parte Bronstein, 434 So.2d 780, 782 (Ala.1983); In re Morris, 494 So.2d 87,89 (Ala.Civ.App.1986). The responsibility of a divorced father to visit his children is a moral obligation, but not a legal duty. "The law d......
  • First State Bank of Atmore v. Thompson
    • United States
    • Alabama Court of Civil Appeals
    • December 23, 1987
    ...and will not be set aside on appeal unless it is so unsupported by the evidence that it is plainly and palpably wrong. In re Morris, 494 So.2d 87 (Ala.Civ.App.1986); Insurance Co. of North America v. Chandler, 487 So.2d 937 Our review of the record reveals that there is clearly evidence whi......
  • Request a trial to view additional results
6 cases
  • Adoption of RDS, Matter of, No. C-89-5
    • United States
    • United States State Supreme Court of Wyoming
    • February 23, 1990
    ...under the common law, 4 grandparents do not have a right to visit their grandchildren if forbidden by the parents. Morris v. Pressley, 494 So.2d 87 (Ala.Civ.App.1986); Annotation, Grandparents' Visitation Rights, 90 A.L.R.3d 222, 225 (1979). The Wyoming legislature enacted Wyo.Stat. § 20-2-......
  • B.R.O. v. G.C.O.
    • United States
    • Alabama Court of Civil Appeals
    • August 5, 1994
    ...this grandmother to seek visitation rights, and her clever arguments do not create a right that does not exist. See In re Morris, 494 So.2d 87 (Ala.Civ.App.1986). Furthermore, the guiding rules of statutory construction, as clarified in John Deere Co. v. Gamble, 523 So.2d 95 (Ala.1988), lea......
  • Hathcock v. Hathcock
    • United States
    • Alabama Court of Civil Appeals
    • October 25, 1996
    ...have some moral obligations that are not legally enforceable duties. See Ex parte Bronstein, 434 So.2d 780, 782 (Ala.1983); In re Morris, 494 So.2d 87,89 (Ala.Civ.App.1986). The responsibility of a divorced father to visit his children is a moral obligation, but not a legal duty. "The law d......
  • First State Bank of Atmore v. Thompson
    • United States
    • Alabama Court of Civil Appeals
    • December 23, 1987
    ...and will not be set aside on appeal unless it is so unsupported by the evidence that it is plainly and palpably wrong. In re Morris, 494 So.2d 87 (Ala.Civ.App.1986); Insurance Co. of North America v. Chandler, 487 So.2d 937 Our review of the record reveals that there is clearly evidence whi......
  • Request a trial to view additional results

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