What can be done to terminate parental rights when the identity of the father is uncertain? According to the Alabama Court of Civil Appeals, the identity of the father should be determined first, before a trial court moves forward with …
How a Decision by DHR can be Appealed
If an administrative agency has made a decision that adversely affects you, you have options. Here’s one path to take. What can you do if an Alabama administrative agency issues a decision that you feel is wrong and affects you negatively? For …
Finding Relief in Legal Matters with State Agencies
State agencies often have broad authority, but persons adversely affected by agency decisions may seek go to the courts, who then are free to decide the issue in accord with their own judgment of the law. In Ex parte Alabama Medicaid Agency, No. …
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Can an Appeal be Heard Before a Final Judgment in a Court Proceeding?
There are ways a party can receive review by the appellate court before a final judgment, but those circumstances are rare. Court cases are long. Proceedings can take months or years. Courts make many small decisions before entering a final …
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When Judges Fail to Rule: Finding Relief Through the Appellate Courts
If parties to a case are left for months without a ruling on their requests, they may have relief through the appellate courts. It is not unusual for court cases to last months and even years in contentious situations. What is unusual is for cases …
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Introducing Jake Howell
We had such amazing legal interns this summer, that we implored them both to stay, and are pleased to announce they have agreed. Local to Montgomery, Jake has returned home after a time of service in the Marine Corps, and completing a Masters …
Recent Alabama Court of Civil Appeals Decision Highlights the Importance of Pursuing Reasonable Efforts to Serve All Parties
An interesting development in Juvenile Courts across the state of Alabama has been the implementation of preliminary hearings called service dockets. These hearings are held with the attorneys of all the cases on the Judge’s docket for the day, and …
Proof of Current Circumstances in Termination of Parental Rights: Clarification of TPR Requirements from “P.M. v. Lee County Department of Human Resources”
To Terminate Parental Rights, The Alabama Appeals Court, Once Again, Requires Proof Of Current Circumstances And Utterly No Viable Alternatives To Termination. In the recent case of P.M. v. Lee County Department of Human Resources, the Alabama …
Orphaned by the Government: Identifying Legal Obstacles to Fatherhood
I. INTRODUCTION An orphan is a child left without adequate familial provision and protection from evil.1 In many circumstances, children are orphaned by the death of one or both parents, by abuse suffered at the hand of their parents, or …
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