Where Does a Parent’s Responsibility Come From?

Supreme Court, Ex Parte M.P.

“Mere sand.” This is what Justice Bryan, in his dissenting opinion, calls this newly announced rule (as paraphrased):

Unless a court has ordered a parent to pay child support, a juvenile court cannot, as a matter of law, determine that the parent has failed to support the child within the meaning of abandonment.

In other words, abandonment means not paying child support when told to do so.

Justice Bryan has caught what this means. In his best writing (that I can recall) he explains that a parent’s duty to financially provide for their child does not arise out of statute. It arises out of common law, “by basic morality.” Section 1-3-1 enshrines the notions that “the common law of England … shall continue in force.”

What Abandonment is Abandonment?

As Justice Bryan cites, “just as under the common law, unrebutted evidence of abandonment acts as forfeiture of parental rights.”

Given the clear error of the Court of Civil Appeals and the Supreme Court, Justice Bryan is rather restrained when he calls their ruling a “novel view” and “mere sand.” Under the current ruling, surely many derelict fathers will hide behind this paper-thin defense, “No court ordered me to pay child support, so I didn’t have any duty to support my child. I didn’t abandon my child, so give me my rights to my child.”

Justice Bryan closes with reminding us of the obvious (which is what the Common Law is):

In short, even if § 12-15-314(e) did not exist, parents would still have a natural duty to support their minor children, and Alabama law would provide consequences for failing to do so.

To read the Dissent in full, click here.

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