Consideration of father’s physical appearance in child custody determination was harmless error because it wasn’t a decisive factor.

April 5, 2011

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76D Child CustodyAny error in juvenile court’s consideration of father’s physical appearance, including clothing, tattoos, and body piercings, as one piece of the puzzle to determine father’s fitness to have custody was harmless in proceeding in which child’s maternal aunt sought custody; juvenile court did not base its determination of the father’s fitness solely on his physical appearance, and record contained clear and convincing evidence of father’s unfitness without consideration of his physical appearance.
M.H. v. H.N.M., WL 480037 (Ala. Civ. App. Feb. 11, 2011)

Suggested by Ben Frisch, West Attorney Editor