W.R. v. C.R.

75 So. 3d 159, 2011 Ala. Civ. App. LEXIS 76, 2011 WL 1088549
CourtCourt of Civil Appeals of Alabama
DecidedMarch 25, 2011
Docket2090979
StatusPublished
Cited by3 cases

This text of 75 So. 3d 159 (W.R. v. C.R.) 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
W.R. v. C.R., 75 So. 3d 159, 2011 Ala. Civ. App. LEXIS 76, 2011 WL 1088549 (Ala. Ct. App. 2011).

Opinion

THOMPSON, Presiding Judge.

W.R. (“the father”) appeals from a judgment of the Mobile Circuit Court divorcing him from C.R. (“the mother”). For the reasons stated herein, we affirm.

The parties married in 1998. One child was born of the marriage. In June 2008, the parties adopted four children, three girls and a boy, who were siblings and all of whom were minors at the time of the trial. Pursuant to the Alabama Subsidized Adoption Act, § 26-10-20 et seq., Ala.Code 1975, as part of the adoption of those children, the parties began receiving a monthly adoption subsidy payment of $2,437.50 from the State.1

After they were married, the parties lived in a house that the father owned by virtue of a judgment divorcing him from his previous wife. In 2000, the parties sold that house and purchased another house (“the Mobile property”). The parties made a significant down payment on the Mobile property from the proceeds of the sale of their previous house, and they obtained a mortgage loan to finance the remainder of the purchase price of that property. Subsequently, the mother was in an automobile accident, and the parties applied $25,000 of the settlement proceeds the mother received because of that accident to a reduction of the principal of the mortgage loan on the Mobile property. The parties made extra payments on the mortgage loan so that, by 2007, the mortgage loan was paid off.

In October 2007, the parties purchased and moved into another house (“the marital residence”), financing that purchase with an equity line of credit secured by the Mobile property. The parties planned to pay off the line of credit with the proceeds from the sale of the Mobile property. At the time of trial, the line of credit had a balance of approximately $160,000.

In December 2008, the parties separated. The mother and the children remained in the marital residence, and the father moved back to the Mobile property. On January 29, 2009, the mother filed an action for legal separation from the father. On the same date the mother filed the action, the trial court entered an order awarding pendente lite custody of the chil[161]*161dren to the mother with weekly visitation for the father if he attended weekly therapy sessions.

On February 4, 2009, the mother filed a motion to restrict the father’s visitation with the children. She stated that the children’s therapist had filed a report with the Department of Human Resources alleging that the father had abused the children, that the father had learned about that report and had questioned the children extensively, and that the children were frightened to be around the father.2 The mother subsequently amended her complaint to seek a divorce rather than a legal separation.

On February 20,2009, the mother filed a petition for protection from abuse on behalf of herself and the children in which she alleged that the father had injured her and had acted abusively toward some of the children. The father filed a motion to dismiss the petition or to transfer the action to the circuit judge who was presiding over the mother’s divorce action on the basis that the mother’s divorce action concerned the subject matter of her petition for protection from abuse. The court granted the father’s motion and transferred the mother’s petition to the domestic-relations division of the Mobile Circuit Court, where the mother’s divorce action was pending.

On March 12, 2009, the father filed a motion for contempt against the mother in which he asserted that the mother had not allowed him to exercise visitation with the children in violation of the court’s previous order permitting him to exercise weekly visitation with the children. In a separate motion requesting custody of the children, the father asserted that the mother was “mentally, emotionally, and physically cruel to the children.” He supported this latter motion with his own recitation of examples of the mother’s parenting, as well as with an affidavit of the mother’s parents in which they stated, among other things, that the mother had been verbally and physically abusive toward the children. The father also filed an answer to the mother’s complaint and a counterclaim for a divorce in which he sought, among other things, custody of the children.

On April 9, 2009, after a hearing, the trial court entered an order providing that the father would be allowed to exercise supervised visitation with the children. The father subsequently filed a motion for contempt against the mother in which he asserted that the mother had denied him visitation with the children in violation of the trial court’s April 9, 2009, order. On September 4, 2009, after a hearing on the parties’ pending motions, the trial court entered an order awarding the father visitation with the children on alternating weekends.

The trial court held a trial of the action on December 15, 2009. The mother testified that the parties had separated because the father, after the mother had warned him not to abuse the children again, had “given” one of their sons a black eye. She stated that the parties separated on the day of that incident. The mother testified that the father had been physically abusive [162]*162toward her. The father admitted that he had slapped the mother on one occasion, but he also testified that she had been physically abusive toward him.

The mother opined that the marital residence was worth $140,000. She stated that it was not in good repair, indicating that one wall had had sheetrock torn out of it, that water would leak into the downstairs area causing mold, that beams were missing from the ceiling of the living room, and that many of the appliances in the house did not work or did not work properly. She estimated that the cost to repair the marital residence exceeded $20,000. The father testified that the marital residence was in “average” condition when the parties purchased it and that it required only a “couple thousand dollars” in repairs. He opined that the marital residence was worth $160,000. The father submitted an exhibit indicating that his parents had loaned $17,000 to the parties to remodel the marital residence. The mother, however, testified that she was not aware of any such loan from the father’s parents.

The mother testified that the Mobile property was worth $200,000. The parties had offered that property for sale at slightly more than that amount. The father opined that the Mobile property was worth $160,000.

During part of the marriage, the mother had worked as a special-education teacher, earning approximately $28,000 annually. She had her teaching certificate at the time of trial, but she was no longer teaching. Instead, she was pursuing her master’s degree in social work as a full-time student. She also worked part time for a family center earning $14.50 per hour and averaging 20 hours of work per week.

The father worked at an automotive-parts company selling automobile parts. The ownership of that company was disputed at trial. The father and the children’s paternal grandfather testified that the paternal grandfather owned the company, and they denied that the father had an ownership interest in it. The mother, however, testified that the father had told her that he owned the business with his father, and a mortgage executed by the father and his parents in 2005 related to the company indicated that all three owned stock in the company.

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Cite This Page — Counsel Stack

Bluebook (online)
75 So. 3d 159, 2011 Ala. Civ. App. LEXIS 76, 2011 WL 1088549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wr-v-cr-alacivapp-2011.