Court of Civil Appeals of Alabama June 10, 1994, AV93000004 (Gooch v. Gooch)

THIGPEN, Judge,

dissenting.

I do not agree that this case should be affirmed; therefore, I must respectfully dissent. It appears to me that the dispositive issue concerns the standard of review utilized by the trial court in the custody determination. The trial court failed to apply the proper standard espoused by our Supreme Court in Ex parte McLendon, 455 So.2d 863 (Ala.1984).