As we begin 2021, we want to let you know some statistics about children in Alabama. The state Department of Human Resources reports that there are currently more than 6345 children in foster care. Can you believe that? More than 6,000! However, …
An Open Letter to a Chinese Birth Mom
(in honor of Sanctity of Human Life Sunday this past week 1/17/21) I know we have never met, but I feel like I know you. I have prayed for you more times than I could count, though I don’t know your name or what you look like. I imagine that you are …
DHR may enjoy immunity for its actions—if it acts in good faith.
Ex Parte Smith, Alabama Supreme Court, September 4, 2020 Under the Alabama Code, agents of the Department of Human Resources (“DHR”) enjoy a kind of immunity for their actions. The law says that an agent “shall not be liable for any civil damages as …
DHR may enjoy immunity for its actions—if it acts in good faith.Read More
Sometimes, a trial court’s failure to hear a party’s postjudgment motion can lead to reversal on appeal.
M.R.E. v. M.J.E., Alabama Court of Civil Appeals, September 11, 2020 Trial courts often decide not to have a hearing when one party challenges its decision in a postjudgment motion. Parties who have gone through the trial process can become so …
When Biological Parents Move to Another State under Custody Agreement
When biological parents move from state to state, it is particularly important for juvenile courts to make sure they have initial and continuing jurisdiction over their children. C.H. v. Lamar County DHR, Alabama Court of Civil Appeals, October 16, …
When Biological Parents Move to Another State under Custody AgreementRead More
Don’t Risk Having a Child Custody Case Overturned on Appeal
Parties in child custody cases must be certain that their juvenile court makes every necessary ruling, or risk having their judgment overturned on appeal. E.H. v. Calhoun County Department of Human Resources, Alabama Court of Civil Appeals, October …
Don’t Risk Having a Child Custody Case Overturned on AppealRead More
The Court of Civil Appeals Requires Specific Steps to Challenge a Dependency Finding K.M. v. S.R., Alabama Court of Civil Appeals, November 5, 2020
Once a juvenile court finds that a child is dependent, someone wishing to challenge the finding on grounds that there was not enough evidence must make a specific kind of motion and seek an appeal within a certain number of days. It is important to …
Circuit Court or Juvenile Court: Which has Control, and Why It Matters A.M. v. A.K., Alabama Court of Civil Appeals, September 18, 2020
As a general rule, if a circuit court decides custody in a divorce proceeding, it retains jurisdiction over child custody matters until the child reaches the age of majority.1 However, juvenile courts assume exclusive jurisdiction over the question …
Getting Over Fears About Adoption
The adoption discussion can sometimes create fear for couples wanting children. Most immediately fear costs, others fear the unknown, and others how they could fully love a child who is not biologically theirs. All these fears are normal. All have …
