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The Dynamics of Child Custody: Res Judicata and the Hamilton Case


In the heart of Conecuh County, a recent custody battle casts light on the functions of res judicata, the legal principle that a cause cannot be tried again after a final judgment on its merits. This case, Jeana Lyne Hamilton v. Kenneth Ray Hamilton, explores the applicability of this legal principle in the ever-changing landscape of child custody.

On September 20th, 2022, following a motion from the father, the trial court entered a judgment modifying the custody and visitation schedule of the couple’s child. Under this arrangement, the father had custody of the child, and the mother was granted supervised visitation. The trial court cited several changes in material circumstances to justify the modified order.

On February 1st, 2023, the mother filed a petition requesting another modification of the custody arrangement, with custody for the mother and visitation for the father. In response, the father filed a motion to dismiss under Rule 12(b)(6) of the Alabama Rules of Civil Procedure, asserting that the mother’s petition did not raise any new issues related to custody of the child, and therefore failed to state a claim. Essentially, the father was arguing that to justify a modification of the custody arrangement, the mother must allege some new changes in their circumstances. On March 22nd, 2023, the trial court entered a judgment dismissing the mother’s petition, giving rise to the post judgment motion at issue in this appeal.

In the mother’s motion, she argued that she had, in fact, alleged material changes in circumstance. Accordingly, she asserted that res judicata was inapplicable. The motion was initially denied, inspiring this appeal.

When reviewing a motion under Rule 12(b)(6), the court must view the allegations in the strongest possible way in the pleader’s favor. Rather than looking at the likelihood of the pleader’s success at trial, the court instead must determine whether the pleader could possibly win under any set of provable circumstances. Accordingly, on appeal, the Court viewed the mother’s petition in the light most favorable to her.

Under the principle of res judicata, a final judgment entered by a court is binding, and the parties may not relitigate the issues from that decision. However, longstanding precedent allows several exceptions to this principle, including in child custody cases. Courts have repeatedly held that, as circumstances change and children grow, modifying custody arrangements is appropriate.

Using both of these principles as a guide, the Court reversed the dismissal of the mother’s petition, and remanded the case. In doing so, the Court limited the scope of the petition to only include allegations occurring after the previous judgment was entered. Even with these limitations, the Court found that, when viewed in a light most favorable to the mother, she could potentially prevail.

Jeana Lyne Hamilton v. Kenneth Ray Hamilton illustrates the interplay between complex legal doctrines when applied to private, family situations. The highly personal nature of family law allows a greater degree of flexibility in the application of certain legal principles, including res judicata. This approach, while inconsistent from other areas of the law, reflects the dynamic and evolving needs of a growing child, ensuring that in child custody cases, the well-being of the child remains at the forefront.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief * Get Results.


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