200 So.3d 1 (Ala. 2016)

Ex parte Jami L. McLendon

In re: Jami L. McLendon

v.

John David Mills, Jr.

1141134
Supreme Court of Alabama
January 29, 2016
?????????Released for Publication October 6, 2016.

Petition for Writ of Cert. to the Court of Civil Appeals, 2140389.(Crenshaw Circuit Court, DR-12-7.03).

Counsel:

?????????For Petitioner: Austin Burdick, Burdick Law Firm, Bessemer.

?????????BOLIN, Justice. Moore, C.J., and Main and Bryan, JJ., concur. Murdock, J., concurs specially.


OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS

?????????BOLIN, Justice.

?????????WRIT QUASHED. NO OPINION.

CONCUR

?????????MURDOCK, Justice (concurring specially).

?????????I concur in quashing the writ in this case. I write separately to note that I would be open, in an appropriate case, to reexamining the issue whether the standard set out in Ex parte McLendon, 455 So.2d 863 (Ala. 1984), rather than the standard set out in Ex parte Couch, 521 So.2d 987 (Ala. 1988), should be applied to a petition to modify custody where joint physical custody has been maintained for a meaningful period pursuant to a prior court order.

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