Shelton v. Shelton
Docket: Civ. 7456
Court: Court of Civil Appeals of Alabama; September 5, 1990; Alabama; State Appellate Court
David Mallory Shelton, Sr. filed a complaint for divorce from Ginger Simmons Shelton on September 22, 1989, requesting custody of their infant son, citing the mother's irrational behavior and adultery. The mother counterclaimed for custody. Following ore tenus proceedings, the trial court granted the divorce and awarded custody to the father. The mother appeals, arguing that the trial court abused its discretion in the custody decision. The trial court's findings in custody cases are presumed correct, and reversal requires a showing of palpable error. The mother contends that the evidence does not support the court's decision. Relevant factors for custody determinations include the home environments offered by each parent, their characteristics (age, stability, health), and their ability to meet the child's needs. The trial court emphasized these factors in its ruling. Evidence indicated that the mother suffers from hypoglycemia, leading to anxiety and disorientation, and that she fails to follow a prescribed diet, which affects her ability to care for the child’s basic needs. In contrast, while the father had a history of marijuana use and past financial dependency, he has reportedly ceased using marijuana, is gainfully employed, and has hired a nanny, demonstrating his capability to meet the child's needs. The mother also challenged the trial court's limitations on questioning regarding the father's parents, arguing that their involvement warranted further scrutiny. However, the court allowed sufficient examination of the paternal grandmother and did not find any abuse of discretion in limiting questions about the father's parents. The appellate court found no error in the trial court's judgment and affirmed the custody award to the father. All judges concurred with the decision.