Jessica Layne Chapman v. Frederick Kyle Chapman (Appeal from Chilton Circuit Court: DR-14-900112.02).

CourtCourt of Civil Appeals of Alabama
DecidedMarch 28, 2025
DocketCL-2023-0619
StatusPublished

This text of Jessica Layne Chapman v. Frederick Kyle Chapman (Appeal from Chilton Circuit Court: DR-14-900112.02). (Jessica Layne Chapman v. Frederick Kyle Chapman (Appeal from Chilton Circuit Court: DR-14-900112.02).) 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
Jessica Layne Chapman v. Frederick Kyle Chapman (Appeal from Chilton Circuit Court: DR-14-900112.02)., (Ala. Ct. App. 2025).

Opinion

Rel: March 28, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2024-2025 _________________________

CL-2023-0485 and CL-2023-0619 _________________________

Jessica Layne Chapman

v.

Frederick Kyle Chapman

Appeals from Chilton Circuit Court (DR-14-900112.01 and DR-14-900112.02)

FRIDY, Judge.

Jessica Layne Chapman ("the mother") appeals from two

judgments entered by the Chilton Circuit Court ("the trial court"); in the

first judgment, the trial court modified the custody of the two children of

the mother and Frederick Kyle Chapman ("the father"), and, in the CL-2023-0485 and CL-2023-0619

second judgment, the trial court found the mother in contempt and

suspended her visitation with the children. We affirm the judgments.

Procedural History

The parties are the natural and legal parents of two children, a son

born in 2010 and a daughter born in 2013 ("the children"). The parties

divorced in 2016. The judgment of divorce, as last amended, vested the

parties with joint legal custody of the children and awarded the mother

sole physical custody of the children subject to the visitation rights of the

father, which included the right to telephone contact each night with the

children. The divorce judgment further required the parties to notify one

another of any change in address.

On March 2, 2018, the father filed a petition requesting that the

trial court find the mother in contempt for violating the telephone-contact

and relocation provisions of the divorce judgment and award him sole

physical custody of the children, along with child support; that petition

was assigned case number DR-14-900112.01.

On May 1, 2019, after a bench trial, the trial court entered an order

that, among other things, awarded the father sole physical custody of the

children, required the father to keep the mother informed of any medical 2 CL-2023-0485 and CL-2023-0619

or educational issues involving the children, ordered the mother to pay

the father monthly child support in the amount of $382, ordered the

father to provide health insurance for the children, provided that the

parties were to equally split the costs of the children's health-care

expenses not covered by insurance, awarded the mother specified

visitation rights, and specified the manner in which the parties would

exchange the children's prescription medications for visits. Based upon

the mother's motion to reconsider, the trial court amended the order to,

among other things, apply the custody-modification standard established

in Ex parte McLendon, 455 So. 2d 863 (Ala. 1984), but, nevertheless,

sustained the change of custody. The trial court did not address the

contempt claims raised by the father in the order or the amended order.

See Decker v. Decker, 984 So. 2d 1216 (Ala. Civ. App. 2007) (holding that

the failure to adjudicate all pending contempt claims renders a judgment

nonfinal).

On June 25, 2020, the father filed a petition alleging that the

mother was in contempt of court for violating the terms of the May 1,

2019, order; that petition was assigned case number DR-14-900112.02.

While that case was pending, the trial court entered several pendente lite 3 CL-2023-0485 and CL-2023-0619

orders suspending or restricting the mother's visitation with the children.

On June 6, 2022, the trial court consolidated the two cases for trial

purposes. Although the trial court purported to set aside the

consolidation order, the trial court continued to enter orders in both cases

until May 30, 2023. On that date, the trial court entered a judgment in

case number DR-14-900112.01 that denied all unadjudicated claims. On

July 10, 2023, the mother timely filed a notice of appeal from the May 30,

2023, judgment, and this court docketed her appeal as appeal number

CL-2023-0485.

On July 24, 2023, the trial court entered a final judgment in case

number DR-14-900112.02. In that judgment, the trial court determined

that the mother was in contempt of court for failing to pay child support,

for failing to pay her portion of the noncovered health-care expenses for

the children, for keeping funds that had been received due to the COVID-

19 pandemic ("the COVID-19 stimulus funds") and were intended for the

benefit of the children, and for placing the children on "government

insurance." The trial court ordered the mother to pay the father $11,500

in attorney's fees and to pay the father the entire amount of the COVID-

19 stimulus funds that she had received on behalf of the children. 4 CL-2023-0485 and CL-2023-0619

Additionally, the trial court modified the visitation provisions of the May

1, 2019, order that had been entered in case number DR-14-900112.01 as

follows:

"[The m]other's visitation as stated in the Order of Modification dated May 1, 2019[,] is modified and limited to visits, when they can be scheduled, through The Wellness Group, at the expense of the mother, until the mother is evaluated and it is recommended to this Court that the mother[']s supervision should be lifted, for the benefit of the children. Upon [the] mother[']s evaluation through The Wellness Group, and [when] it is reported to the Court that [it] is of no danger ... for the mother to have unsupervised visitation, then the visitation shall be re-evaluated by this Court."

On September 5, 2023, the mother timely filed a notice of appeal from of

the July 24, 2023, judgment, and this court docketed her appeal as appeal

number CL-2023-0619. On September 19, 2023, this court consolidated

appeal number CL-2023-0485 and appeal number CL-2023-0619.

Issues

In appeal number CL-2023-0485, the mother argues that the trial

court erred by applying the wrong custody-modification standard and by

modifying custody of the children without sufficient evidence. In appeal

number CL-2023-0619, the mother argues that the trial court erred by

modifying her visitation rights, by finding her in contempt of court for 5 CL-2023-0485 and CL-2023-0619

actions that did not violate a previous court order, by ordering her to pay

attorney's fees to the father, and by failing to order the father to pay her

attorney's fees.

Analysis

I. Appeal Number CL-2023-0485

When a judgment awards one party sole physical custody of a child,

that custody provision may be modified only according to the standard

set forth in Ex parte McLendon, supra, which requires the petitioner to

demonstrate "(1) 'that he or she is a fit custodian'; (2) 'that material

changes which affect the child's welfare have occurred'; and (3) 'that the

positive good brought about by the change in custody will more than

offset the disruptive effect of uprooting the child.' " Marshall v. Marshall,

346 So. 3d 1008, 1018 (Ala. Civ. App.

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Bluebook (online)
Jessica Layne Chapman v. Frederick Kyle Chapman (Appeal from Chilton Circuit Court: DR-14-900112.02)., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jessica-layne-chapman-v-frederick-kyle-chapman-appeal-from-chilton-alacivapp-2025.