Supreme Court of Alabama

Ex Parte John Earl Brandon. (in Re John Earl Brandon v. Carolyn Anne Brandon)

November 30, 20122012 Ala. LEXIS 157

Summary

The Alabama Supreme Court granted the father’s petition for a writ of mandamus, holding that under § 30‑3‑5 the custodial parent who meets the residency requirement may choose the venue for claims involving that child, and the trial court lacked discretion to deny the transfer of the son‑related claims to Pickens County. Justice Murdock dissented, arguing the statute does not address bifurcated custody cases and that severance is not required; Justice Shaw concurred in the result, emphasizing that severance fulfills the statute’s intent.