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Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
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before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS

OCTOBER TERM, 2007-2008

2060417


Lizabeth Reynolds Nichols

v.

Jess Niles Nichols, II


Appeal from Jefferson Circuit Court
(DR-03-337.01)

BRYAN, Judge.

Lizabeth Reynolds Nichols ("the mother") appeals a

judgment granting the counterclaim of Jess Niles Nichols, II

("the father"), in which he objected to the mother's proposal

to change the principal residence of the parties' minor child.
We affirm.

The mother and the father divorced in July 2003.
Incorporating the terms of the parties' settlement agreement,
the trial court awarded the parties "shared custody," with the
mother having primary physical custody and the father having
visitation rights.  The trial court also awarded the mother
child support in the amount of $850 per month.

In July 2005, the mother petitioned to modify the divorce
judgment, seeking, among other things, to modify the father's
visitation rights so that the mother could relocate to
Potomac, Maryland, with the child.  Counterclaiming, the
father objected to the mother's relocating with the child,
sought primary physical custody of the child, and sought an
attorney's fee.

On July 5, 2006, the trial court received evidence ore
tenus regarding the mother's proposal to relocate the
principal residence of the child and the father's objection to
that proposal. On August 22, 2006, the trial court entered an
order in which it found that the mother had introduced
sufficient evidence to rebut the initial evidentiary

presumption imposed by

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