Local Firm for Family Law
When Adoption is Totally Uncertain and Strictly Speculative. When adoption is “totally uncertain and strictly speculative,” TPR will not be upheld on appeal. This was the holding of T.W. v. Calhoun County DHR, 2023 WL 3768317 (Ala. Civ. App. June …
When Adoption is Totally Uncertain and Strictly SpeculativeRead More
Many states either expressly provide for or otherwise acknowledge foster parent right to intervention. In many cases, this right is contingent upon the longevity of the child’s time in foster care and the relationship that has developed between child …
How Long Should a Child Remain in Foster Care Before Foster Parent Intervention?Read More
FOSTER PARENT INTERVENTION, AS OF RIGHT Rule 24(a)(2) of the Alabama Rules of Civil Procedure provides: Upon timely application, anyone shall be permitted to intervene in an action . . . when the applicant claims an interest relating to the …
Foster Parents May Seek and Be Granted Intervention in Dependency Actions - Court of Civil Appeals Routinely Holds The Court of Civil Appeals has explained: “[B]oth statutes provide that foster parents are entitled to notice and a right to be …
In Alabama, every foster parent should be ensured certain rights. The State has an interest, the community has an interest, and most importantly the children have an interest in making sure that foster parents are treated with dignity. Some of those …
D.S. v. Pike County DHR, CL-2022-1192 (Ala. Civ. App June 9, 2023), an opinion written by Judge Fridy, the Court held that in view of Ala. Code § 12-15-314, nothing requires a juvenile court to make a relative a party to an action before transferring …
For Inquiring Minds, Relatives Don’t Have to Be Parties to Receive CustodyRead More
The prong of finding "no viable alternative" is often pretty hairy in TPR trials. However, it's a little known fact that finding "no viable alternatives" is not necessary in cases where the natural parent has abandoned the child. This means that the …
Have Natural Parents Abandoned the Child Prior to TPR?Read More
A nearly-lost necessity of mind - Advice from an old lawyer, turned pastor. The first duty of the community to their judges is to entertain the most honorable view of their office. How much more those officers who appear on the communities …
When Judges Make Bad Decisions – Thoughts for MeditationRead More
"[T]he foster mother would not commit to another custodial arrangement other than adoption" The Alabama Court of Civil Appeals is making it clear - again. If we want children to find permanency through adoption, we need to engage the foster …
