View Summary
Issues:
Drug test, reasonable suspicion, parental custody, divorce, child support payments, dismissal
Case Summary:
Hoping to modify his child support obligation and visitation rights, Winfield Cunningham appeals the decision of the Colbert Circuit Court, which ruled against him in large part because of two drug tests.
Decision of lower jurisdiction:
The Colbert Circuit Court ruled against Cunningham because it determined he had voluntarily lost his job by failing a drug test, therefore required him to continue making payments. The court also left visitation rights at the discretion of the mother, in part, because Cunningham failed a drug test while on the stand at trial.
Outcome:
Cunningham loses; Court of Civil Appeals of Alabama affirms the lower court decision.