Hubbard v. Hubbard

257 So. 3d 300
CourtCourt of Civil Appeals of Alabama
DecidedJuly 28, 2017
Docket2160185
StatusPublished

This text of 257 So. 3d 300 (Hubbard v. Hubbard) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hubbard v. Hubbard, 257 So. 3d 300 (Ala. Ct. App. 2017).

Opinion

THOMAS, Judge.

Pamela Hubbard ("the mother") and James C. Hubbard ("the father") were married in New Jersey in April 2003. Thereafter, they moved to Shelby County.

*301There are three children ("the children") of the marriage.

In 2013 the father filed a complaint in the Shelby Circuit Court seeking, among other things, a divorce from the mother and an award of custody of the children. The mother filed a counterclaim seeking, among other things, a divorce from the father and an award of custody of the children. In July 2013 the mother filed a protection-from-abuse ("PFA") motion in the circuit court. That motion was treated as having initiated a separate action and was assigned a separate case number. The mother alleged in the PFA motion that the father abused alcohol, had become "obsessed with firearms," had displayed threatening behavior, had verbally and emotionally abused her, and had committed various acts designed to terrorize her. The circuit court entered a PFA order, awarding, among other things, "primary" custody of the children to the mother.

In August 2013 the mother filed a motion in the divorce action seeking pendente lite relief, and the circuit court entered an order in October 2013 that, among other things, incorporated the parties' agreement that the father would exercise certain weekend and holiday visitation and provided that "[n]either party is to leave the state with the children." See § 30-3-160 et seq., Ala. Code 1975, the Alabama Parent-Child Relationship Protection Act ("the Act").

The parties filed numerous motions and responses in the divorce action, including the mother's November 4, 2013, motion that she styled: "Motion to Allow Mother and Children to Relocate to New Jersey." After a hearing, the circuit court entered a temporary order, addressing all the then-pending motions, and, in pertinent part, denying the mother's request to relocate the children to New Jersey. In May 2014 the mother filed a motion she styled: "Second Amended Motion for Contempt and Renewed Motion to Allow Mother and Children to Relocate to New Jersey." The mother asserted that she had experienced financial difficulties as a result of the father's alleged failure to comply with certain support orders, that she had a master's degree in education but was not licensed to teach in Alabama, that she had been "left destitute," and that she could support the children if the circuit court allowed her to relocate the children to New Jersey where, she said, they could live with her mother and she could obtain employment that would provide health insurance for the children. The children's guardian ad litem filed a motion in which she raised certain concerns regarding the father's alcohol consumption, and, in September 2014 the circuit court entered an order modifying the father's visitation to supervised visitation on two Saturdays per month, but only when he produced a negative alcohol screen.

On August 20, 2014, the circuit court held a trial. The father testified that he did not want the children to relocate 15 hours away from him, that he could not afford airfare to visit the children, that he would not be able to visit, that the children had family in Alabama, and that he loves the children. He testified:

"I think that being without a loving father who is there for them every single day, to play with them every day, to hang out has led into some issues. [The middle child] is developing a stutter. [The oldest child], who just turned seven, still sleeps in diapers at night and [the youngest child], he's a strong boy, and he needs a man in his life."

The mother testified that she would be willing to meet halfway between Alabama and New Jersey to exchange custody with the father; however, her testimony *302revealed that, in general, she had not encouraged relationships between the children and the father or the children's paternal relatives. The mother said that the father's family had "made [her] life extremely difficult over the past couple of years." She said that they had not believed "what was going on in our household, and I got no help from [his] family." She testified that she feared that the father would someday verbally abuse the children; the father testified that he feared that the mother would someday kidnap the children.

The parents agreed that the children's school is a good school and that the children enjoy extracurricular activities in Calera. The mother testified that she managed all the children's daily activities-dressing, bathing, diapering, eating meals, and reading; the father testified that he enjoyed cooking, playing, watching movies, and visiting the children at school. The father said that, in Alabama, the children enjoyed various outdoor activities with their paternal cousins. The mother testified that the children have maternal and paternal relatives in New Jersey and Pennsylvania, that New Jersey schools are "great," and that her mother's four-bedroom house is near a library and a community center.

The mother testified that she worked two jobs and that she was seeking employment in the Shelby County school system. According to the mother, the uncertainty regarding whether she would receive support from the father had rendered her unsure as to whether she could "survive" in Alabama. She said that she received various forms of government assistance and that she had incurred medical bills because the father had canceled the family's health-care insurance without her knowledge. She denied that she had refused to become certified to teach in Alabama or to make payments on the marital residence or her automobile so that she could claim that she needed to relocate to New Jersey. She offered testimony intended to demonstrate that the father abused alcohol everyday and that he had left firearms within the reach of the children. She offered a number of audio recordings into evidence that demonstrated that, when the parties argued, the father called her crude and profane names in the presence of the children.

When asked how relocation to New Jersey would benefit the children, the mother said:

"The rent or mortgage would be nonexistent. I have a place to live [with the mother's mother]. I wouldn't have any house expenses. I would contribute a little bit to some utilities. I would mostly pay for my groceries and anything that has to really do with the children and myself and it would really help a lot to know that I could come home and the lights would be on instead of whether or not they are going to be on.
"....
"I will have a place to live. I already have my certification [to teach] in New Jersey. I will be able to get a full-time job. I do not need to take any courses for substitute teaching. Down here, I have to take a course which I have, I do have. I have help. My recently widowed mother, I will be living with her. And my friends and family are up there and they have offered their help in any way that they can to make sure that my children and I are taken care of.
"And I know I can get a good job. I still have contacts. I have a network of teacher friends and supervisors that are still in New Jersey and some have moved districts but that just gives me a bigger opportunity to look at other districts."

*303

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sankey v. Sankey
961 So. 2d 896 (Court of Civil Appeals of Alabama, 2007)
Miller v. Associated Gulf Land Corp.
941 So. 2d 982 (Court of Civil Appeals of Alabama, 2005)
Phillips v. Phillips
622 So. 2d 410 (Court of Civil Appeals of Alabama, 1993)
Lackey v. Lackey
18 So. 3d 393 (Court of Civil Appeals of Alabama, 2009)
Griggs v. Griggs
638 So. 2d 916 (Court of Civil Appeals of Alabama, 1994)
Meadows v. Meadows
3 So. 3d 221 (Court of Civil Appeals of Alabama, 2008)
Steed v. Steed
877 So. 2d 602 (Court of Civil Appeals of Alabama, 2003)
Ex Parte Perkins
646 So. 2d 46 (Supreme Court of Alabama, 1994)
Young v. Young
376 So. 2d 737 (Court of Civil Appeals of Alabama, 1979)
Clements v. Clements
906 So. 2d 952 (Court of Civil Appeals of Alabama, 2005)
Larue v. Patterson
163 So. 3d 356 (Court of Civil Appeals of Alabama, 2014)
Vestlake Communities Prop. v. Moon, 2100327 (ala.civ.app. 12-9-2011)
86 So. 3d 359 (Court of Civil Appeals of Alabama, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
257 So. 3d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-v-hubbard-alacivapp-2017.