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SIMMONS v. SIMMONS

Civ. 5455.

507 So.2d 939 (1986)

Roger Dale SIMMONS v. Cynthia Lee SIMMONS.

Court of Civil Appeals of Alabama.

Rehearing Denied December 10, 1986.

Certiorari Quashed May 29, 1987.

Attorney(s) appearing for the Case

William R. Blanchard, Montgomery, for appellant.

Frank H. Hawthorne, Jr., of McPhillips, DeBardelaben & Hawthorne, Montgomery, for appellee.

Alabama Supreme Court 86-425.

BRADLEY, Judge.

This is a child custody case.

Roger Dale Simmons and Cynthia Lee Simmons were divorced on October 26, 1981. The couple had one child during their marriage, a boy named Bradley Paul Simmons. In the original divorce decree the court adopted the parties' agreement wherein they agreed that the wife should have custody of their son.

On April 24, 1984 the father filed a petition to modify the custody...

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