F.P. v. J.K.M.

857 So. 2d 110, 2001 Ala. Civ. App. LEXIS 922
CourtCourt of Civil Appeals of Alabama
DecidedAugust 31, 2001
Docket2991374
StatusPublished
Cited by9 cases

This text of 857 So. 2d 110 (F.P. v. J.K.M.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
F.P. v. J.K.M., 857 So. 2d 110, 2001 Ala. Civ. App. LEXIS 922 (Ala. Ct. App. 2001).

Opinions

THOMPSON, Judge.

F.P. and R.P. (the “paternal grandmother”) appeal from a judgment that denied their joint petition for custody of F.P.’s minor child, terminated his parental rights to the child, and approved the adoption of the child by J.K.M. and S.L.M. (the “adoptive parents”).

On July 1, 1999, F.P. petitioned the juvenile court for a determination that he was the father of the child and for a stay of adoption proceedings that he said he believed were pending in the Crenshaw County Probate Court.

On July 12, 1999, the adoptive parents filed in the probate court a petition to adopt the child. On July 13, 1999, the probate court entered an interlocutory order awarding custody of the child to the adoptive parents, pending a dispositional hearing scheduled for December 1999.

In December 1999, F.P. filed a second motion in the juvenile court seeking to have his paternity of the child judicially determined; F.P. stated in that motion that paternity tests had established his paternity of the child. On January 5, 2000, the trial court entered an order determining him to be the biological father of the child. However, on January 19, 2000, the trial court, apparently ex mero motu, entered an order in which it set aside its January 5, 2000, order and scheduled a hearing to consider the issue of the paternity of the child.

On April 10, 2000, F.P. filed in the probate court a motion seeking to set aside the adoption proceedings and the order awarding the adoptive parents custody of the child. On April 20, 2000, the probate court transferred the pending adoption action to the juvenile court.

[112]*112Also on April 10, 2000, F.P. and the paternal grandmother filed in the juvenile court an “amended petition for custody,” in which they sought joint custody of the child. On April 14, 2000, the adoptive parents petitioned to terminate F.P.’s parental rights.

The juvenile court (hereinafter the “trial court”) conducted an ore tenus hearing on April 28, 2000. On September 8, 2000, the trial court entered a judgment that, among other things, terminated F.P.’s parental rights, denied F.P. and the paternal grandmother’s joint petition for custody of the child, and granted the adoptive parents’ petition to adopt the child. F.P. and the paternal grandmother appealed.

The facts are as follows: The minor child, who was born on July 6, 1999, is biracial. B.S., the child’s mother, and F.P. were both 17 years old and attended the same high school at the time of the child’s birth. The mother and F.P. had dated while in high school, but they were unable to date “openly” because the mother’s family did not approve of the relationship. The mother testified that her mother had asked her to leave home after she became pregnant, at least in part because she had become pregnant by a person of another race.

The mother testified that in October 1998 she told F.P. that she was pregnant and that after that she and F.P. did not continue to date. The mother testified that she “[did not] know” what happened to the relationship, only that, after she informed F.P. of her pregnancy, “[they] just stopped seeing each other.” It is undisputed that after learning of the mother’s pregnancy, F.P. offered the mother no emotional or financial support and made no effort to contact her.

The paternal grandmother took the mother to two prenatal medical appointments. The mother testified that, at the paternal grandmother’s request, she wrote a letter stating that she wanted the paternal grandmother to have custody of the baby after it was born. The mother testified at the April 2000 hearing that she thought the child’s best interests would be served by living with the adoptive parents.

At the time of the hearing, F.P. was attending college 150 miles from his family’s home and had a part-time job at which he earned $300 per month. He testified that his mother provided the majority of his support. He returns to his mother’s home on weekends.

F.P. testified that he had never seen the child. He and the paternal grandmother went to the hospital to visit the child after its birth. The paternal grandmother testified that they were unable to see the child because the child was not “available” because he had just been returned to the nursery. F.P. testified that he made no further attempt to see or visit the child, and he did not ask the mother about the child. When asked why he did not attempt to see, or inquire about, the child, F.P. responded by saying he “[didnot] know.”

The adoptive parents took the child home from the hospital. F.P. testified that he first learned three weeks after the child’s birth that the mother did not have custody of the child. F.P. testified that another two weeks passed before he spoke with the mother about the child; he admitted that the mother had contacted him on that occasion.

The adoptive parents’ home address is listed in the petition for adoption. Other information, such as their home and work telephone numbers and directions to their home, is contained in the documents filed in support of the adoption petition. Although F.P. admitted that he knows the name of the Florida town in which the [113]*113adoptive parents and the child live, he testified he does not know where in Florida that town is located.

Further, F.P. made no attempt to contact the adoptive parents until the Saturday before the hearing. At that time, he telephoned the adoptive parents’ home and spoke to a relative who was babysitting the child. F.P. testified he asked the relative if he could come see the child, and the relative answered “no.” F.P. testified that he made no further attempt to contact the adoptive parents, and, when asked why he did not call back to speak with the adoptive parents, he responded, “I don’t know.”

F.P. testified that he did not provide support for the mother during the pregnancy because she did not ask for support; he also testified that he had not provided any support during the time the child has been in the custody of the adoptive family because the adoptive family did not request such support. We note that at no time during his contest of the adoption proceedings did F.P. ask a court to determine a child-support obligation or make an offer to pay some amount of child support into the court. The mother and the adoptive parents have been the sole providers of support for the child.

F.P. has another child by his current, 16-year-old girlfriend. He stated that he was providing financial and emotional support for the mother of that child. The mother of that child testified that F.P. gave her money “if I needed it,” but she admitted on cross-examination that F.P. had not given her as much as $50 in support for her child.

F.P. testified that he wanted custody of the child “[b]ecause he is my son. I do not want anyone else raising him. I think it is in [the child’s] best interests [that] he be with his natural father, not someone else.” However, it is undisputed that F.P. wants the child to live with the paternal grandmother while F.P. attends college in a town over 150 miles from his mother’s home. F.P. testified that if he had the child he would see the child on weekends. The paternal grandmother’s sister and a cousin testified that, if F.P. was awarded custody of the child, they were willing to care for the child while the paternal grandmother worked.

The paternal grandmother testified that she would like to have custody of the child, and, in the alternative, that she would take care of the child for F.P.

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Cite This Page — Counsel Stack

Bluebook (online)
857 So. 2d 110, 2001 Ala. Civ. App. LEXIS 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fp-v-jkm-alacivapp-2001.