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REL: 10/30/2009

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) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



REL: 10/30/2009

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2080479
Percy Marsh v.
Heather Marsh Smith
Appeal from Mobile Circuit Court (DR-04-501376.01)
THOMAS, Judge.
Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each



2080479
parent's having physical custody of the daughter for one week at a time and neither parent's paying child support to the other. Both parents lived in Mobile County. The evidence was undisputed that, for two years, the joint-custody arrangement worked well.
In August 2007, the father filed a petition requesting the court to find the mother in contempt of the divorce judgment because, he alleged, the mother had remarried and had moved to Mississippi without giving him the notice required by the Alabama Parent-Child Relationship Protection Act ("the
Act"),

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