S.S. v. T.R.A
Decision Date | 03 April 1998 |
Parties | S.S. v. T.R.A. 2970068. |
Court | Alabama Court of Civil Appeals |
Kathryn A. King of Harris, Harris & King, Florence, for appellant.
Scott C. Shimer, Florence, for appellee.
The father, S.S., appeals from the trial court's order awarding custody of the parties' two minor children to the mother, T.R.A.
Although the parties do not address this issue in their briefs, the trial court's order shows that it expressly awarded the mother temporary custody. Indeed, the order of September 9, 1997, states:
Although somewhat confusing, an order awarding "temporary" custody can be either a pendente lite order or a final order. As the Supreme Court has explained:
Ex parte J.P., 641 So.2d 276, 278 (Ala.1994).
The only method of obtaining review of a pendente lite order is by petition for the writ of mandamus. Because the father did not seek a writ of mandamus, this appeal must be dismissed. B.W.C. v. State Department of Human Resources, 582 So.2d 579 (Ala.Civ.App.1991).
We note that the trial court scheduled a hearing for February 27, 1998, to determine whether the mother should be awarded permanent custody. We will not delve into the facts of this case in this opinion. However, we acknowledge that the trial court stated in its order that, although the...
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