Summary
adopting statement of Thigpen, J., that he found "no authority giving an informal agreement regarding custody between parents the same status as a judicial determination," Stanton v. Stanton, 631 So.2d 242, 246 (Ala.Civ.App. 1993)
Summary of this case from Pickett v. PickettOpinion
1930216.
December 17, 1993.
Appeal from the Circuit Court, Dale County, No. DR-92-279, Charles L. Woods, J.
Malcolm R. Newman of Newman Newman, Dothan, for petitioner.
Charles Neville Reese of Reese Reese, Daleville, for respondent.
We deny the petition for the writ of certiorari; however, in doing so, we note that Ex parte McLendon, 455 So.2d 863 (Ala. 1984), is not applicable in this case, for the reasons stated in Judge Thigpen's special opinion concurring in the result. 631 So.2d 242, at 245. Judge Thigpen's special opinion correctly stated the standard applicable to the custody determination in this case. We adopt the second through fifth paragraphs of his opinion as part of our opinion here.
WRIT DENIED.
HORNSBY, C.J., and MADDOX, SHORES, STEAGALL, INGRAM and COOK, JJ., concur.