Brandon v. Brandon

John Earl Brandon ("father") petitioned the Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to transfer the portion of a custody-modification action filed by Carolyn Anne Brandon ("mother") involving the parties' minor son to the Pickens Circuit Court. In June 2012, the mother petitioned the Tuscaloosa Circuit Court for emergency relief to enforce her right to five weeks of summer visitation with the minor son, as provided in the agreement; to hold the father in contempt for violating visitation orders; and to modify postminority-support provisions of the agreement by transferring control of funds for the older daughter's postsecondary education to the mother. The father answered the petition, filed a counterpetition seeking to hold the mother in contempt and seeking clarification of court orders regarding postsecondary educational costs for the older daughter, and moved to transfer to the Pickens Circuit Court all issues in the mother's petition that related to the minor son. Upon review, the Supreme Court concluded that the father demonstrated a clear legal right to select the venue for adjudication of the claims pertaining to his son, and the Tuscaloosa Circuit Court was without discretion to deny his choice. The Court issued the writ and remanded the case to the Tuscaloosa court to vacate its order denying the father's motion to transfer the claims related to the minor son and to enter an order transferring those claims to the Pickens Circuit Court. View "Brandon v. Brandon" on Justia Law