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IMPORTANT DISCLAIMER: This episode is for general informational and educational purposes only and is not legal advice. Family law varies by jurisdiction, and every case is unique. Nothing discussed here creates an attorney-client relationship or substitutes for personalized advice from a qualified attorney licensed in your area. Always consult your own lawyer for guidance specific to your situation.

Divorce isn't just about emotions—it's about proof. In this eye-opening episode, host Macky Outlaw sits down with family law expert Attorney Josh Holcomb, Founding Partner at M&H Legal Services and a seasoned Alabama divorce and custody attorney, to break down why strong, admissible evidence is often the deciding factor in contested divorces.

From financial records and hidden assets to text messages, social media posts, parenting logs, and witness statements, Josh explains how the right documentation can protect your rights to property division, alimony, child custody, and support—or how weak evidence can sink your case entirely. You'll hear real-world insights on what courts actually look for, common mistakes people make when gathering (or ignoring) evidence, the discovery process pitfalls, and strategies to build an airtight case without turning your life upside down.

Whether you're facing a high-conflict split, negotiating a settlement, or preparing for trial, this conversation delivers practical advice to help you understand why "he said/she said" rarely wins in family court—and what does. Don't go into your divorce blind—tune in for the evidence edge you need.

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Join host Macky Outlaw for an in-depth conversation with special guest Attorney Josh Holcomb, Founding Partner at M&H Legal Services (mhlegalservices.com), a seasoned north Alabama family law attorney based in Guntersville and Huntsville.

In this wide-ranging episode, Josh breaks down key legal concepts that often come up in family disputes and court proceedings in Alabama:

• Grandparents' rights — We explore Alabama's Grandparent Visitation Act (Ala. Code § 30-3-4.2), including when grandparents can petition for visitation (such as in cases of divorce, parental death, abandonment, or out-of-wedlock birth), the high bar of proving clear and convincing evidence of harm to the child without visitation, the presumption in favor of fit parents, and limited options for custody involvement.
• Miranda rights — Josh clarifies how and when Miranda warnings apply (primarily in criminal custody and interrogation scenarios), and why they typically don't play a direct role in civil family court matters like custody hearings or divorce proceedings.
• Perjury — We discuss the serious (though rarely criminally prosecuted) consequences of lying under oath in Alabama family court, including potential misdemeanor charges, loss of credibility with the judge, adverse rulings, or impacts on custody/visitation decisions.
• Contempt of court — Josh explains civil and criminal contempt in family law contexts, such as willful violations of divorce decrees, child support non-payment, or custody/visitation order breaches — and the remedies courts use, from fines and makeup time to possible jail time to enforce compliance.

This episode offers practical, straightforward explanations to help listeners better understand these interconnected issues in Alabama's legal system.

Important disclaimer: This podcast is for informational and educational purposes only. It is not legal advice, and nothing discussed here creates an attorney-client relationship. Always consult with a qualified attorney for advice specific to your situation.

Tune in for real-world insights from an experienced Alabama family law practitioner!

Support the show

Send a text

In this episode, we sit down with special guest Attorney Josh Holcomb, Founding Partner at M&H Legal Services (mhlegalservices.com), a north Alabama family law expert based in Guntersville and Huntsville. Josh dives deep into one of the most important — and challenging — aspects of Alabama family law: the McLendon standard.

We explore what the McLendon standard (established in the landmark 1984 Alabama Supreme Court case Ex Parte McLendon) really means for parents seeking to modify an existing child custody order. Josh explains the key requirements, including proving a material change in circumstances since the last order, showing that the proposed modification will materially promote the child's best interests and welfare, and demonstrating that the benefits of the change outweigh any potential disruption or instability for the child.

Whether you're dealing with relocation, changes in parental circumstances, or other life events impacting custody, this conversation provides clear insights into what it actually takes to succeed in a custody modification case in Alabama courts.

Important disclaimer: This podcast is for informational and educational purposes only. It is not legal advice, and nothing discussed here creates an attorney-client relationship. Always consult with a qualified attorney for advice specific to your situation.

Support the show