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MARSH v. SMITH

2080479.

37 So.3d 174 (2009)

Percy MARSH v. Heather Marsh SMITH.

Court of Civil Appeals of Alabama.

October 30, 2009.

Attorney(s) appearing for the Case

Charles H. Jones, Jr., Mobile, for appellant.

Desmond B. Toler, Mobile, for appellee.

THOMAS, Judge.

Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each parent's having physical custody of the daughter for one week at a time and neither parent's paying child support to the other. Both parents lived in Mobile County. The evidence was undisputed that, for two years...

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