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Burnette v. Burnette
Citations: 511 So. 2d 214; 1987 Ala. Civ. App. LEXIS 1237Docket: Civ. 5606
Court: Court of Civil Appeals of Alabama; March 24, 1987; Alabama; State Appellate Court
Suzan Faye Burnette and Danny Kevin Burnette were divorced on March 1, 1985, with a custody agreement granting joint legal and physical custody of their two minor children, primarily residing with the father while the mother had generous visitation rights. The mother later moved to Tuscaloosa, prompting the father to petition for a modification of custody. The mother countered with a request for full custody. After a trial, the court awarded full legal custody to the father, granting the mother visitation every other weekend and two weeks in summer. The mother’s subsequent motions for a new trial or to alter the judgment were denied, leading to her appeal. The court's decision emphasized the best interests of the children, referencing previous case law that established this standard. Evidence showed the mother had moved several times since the divorce, was unemployed, and depended on a male friend for financial support, while the father maintained stable employment, residence, and daily routines for the children. The court found that the children's welfare would be better served by remaining in their familiar environment with their father. The appellate court upheld the trial court's findings, noting that there was no abuse of discretion in the custody determination, which was supported by the evidence. The request for an attorney's fee was also denied, as such awards are discretionary and no abuse of that discretion was found. The appellate court affirmed the trial court's decision.