
    Ex parte Charles Myers PATTERSON, Jr. (In re Saundra PATTERSON v. Charles Myers PATTERSON, Jr.)
    80-237.
    Supreme Court of Alabama.
    May 8, 1981.
    Samuel Maples of Corretti & Newsom, Birmingham, for petitioner.
    Curtis 0. Liles, III of Markstein & Morris, Birmingham, for respondent.
   PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

FAULKNER, JONES, SHORES, EM-BRY, BEATTY and ADAMS, JJ., concur.

TORBERT, C. J., and MADDOX and AL-MON, JJ., dissent.

See also, Ala.Civ.App., 399 So.2d 846.

MADDOX, Justice

(dissenting).

Decisions of trial judges, who see and hear the witnesses and assess the evidence, should be affirmed in child custody cases unless there is a clear abuse of discretion.

The trial judge determined that the best interest of the child would be best served by changing custody. I am of the opinion that a majority of the Court of Civil Appeals has substituted their judgment for that of the trial judge. I would grant the writ.

TORBERT, C. J., and ALMON, J., concur.  