Supreme Court of Alabama

Ex Parte S.L.M. and R.S.M. (In Re S.L.M. and R.S.M. v. S.C.)

September 19, 20142014 Ala. LEXIS 138

Summary

The Supreme Court of Alabama reversed the Court of Civil Appeals and rendered judgment for the existing custodians, holding that the maternal grandmother did not present sufficient evidence to justify changing custody. Although the grandmother was fit and could reunite the children with their half sibling, the evidence did not show that relocation would materially promote the children's welfare and overcome the disruption of removing them from a suitable home. The court also concluded that the record did not clearly and convincingly establish that the children were exposed to their mother's drug use.