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HANNERS v. HANNERS5/23/1997
bnormal. He also contacted the Child Advocacy Center about the son's behavior and spoke with several individuals regarding the specifics of the son's behavior. The pediatrician further testified that the mother's daughter has an unusual metabolic disorder and that, because she cannot fight off infection or cope with a routine illness like most children, he recommended that the daughter not be placed in daycare. The doctor testified that the mother had done everything that he had asked her to do and that she had educated herself about the daughter's disorder.
Additionally, a babysitter employed by the father testified that she had seen the father intoxicated and had seen the father smoking marijuana after January 31, 1996. She also testified that sometimes the father would leave his son with her overnight so that he could go out to bars.
The father testified that on May 19, 1996, at approximately 11:00 p.m., the mother and a friend came to his house. He stated that they were cursing and were telling his wife that they had caught him with another woman. He testified that the son was asleep and that, because the mother was drunk, he refused to let her take the son. The father testified that he and the mother got into an altercation, that the mother slapped him, and that he pushed the mother.
The father testified that the son should stay with him because the son had learned his ABCs and because the mother is not a good mother. The father admitted that he had been arrested for possession of marijuana in June 1996 but that the case had been dropped. He also admitted that he had two DUI convictions.
After carefully reviewing the record, we conclude that the father failed to meet the stringent requirements of Ex parte McLendon. The judgment of the trial court is reversed and this cause is remanded for the entry of a judgment consistent with this opinion.
The foregoing opinion was prepared by Retired Appellate Judge L. CHARLES WRIGHT while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Ala. Code 1975.
REVERSED AND REMANDED.
All the judges concur.
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