Rl v. Jer

69 So. 3d 898, 2011 Ala. Civ. App. LEXIS 80, 2011 WL 1088280
CourtCourt of Civil Appeals of Alabama
DecidedMarch 25, 2011
Docket2100050
StatusPublished

This text of 69 So. 3d 898 (Rl v. Jer) 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
Rl v. Jer, 69 So. 3d 898, 2011 Ala. Civ. App. LEXIS 80, 2011 WL 1088280 (Ala. Ct. App. 2011).

Opinion

69 So.3d 898 (2011)

R.L.
v.
J.E.R. and S.L.R.

No. 2100050.

Court of Civil Appeals of Alabama.

March 25, 2011.

*899 Jayme K. Amberson, Anniston, for appellant.

Gerald O. Sills of Stubbs, Sills & Frye, P.C., Anniston, for appellees.

THOMPSON, Presiding Judge.

R.L. ("the mother") appeals from a judgment of the Calhoun Juvenile Court terminating her parental rights to I.M.L. ("the child").[1] Six days after entering the judgment terminating the mother's parental rights, the juvenile court entered a second judgment allowing J.E.R. and S.L.R. ("the adoptive parents") to adopt the child.

The record indicates the following. The mother lives in Georgia. The child's birth certificate indicates that he was born in Riverdale, Georgia, on January 30, 2009; the mother testified, however, that she believed the child was born on January 31, 2009. After the child was born, he lived with the mother in Georgia.

The mother testified that she became aware that an arrest warrant had been issued for her and that she was facing up to six months in prison for violating the terms of her probation.[2] The mother testified that her aunt told her that the adoptive parents were unable to have children and wanted to adopt a baby. Because the mother was not getting along with her own mother at the time, she said, she agreed to allow the adoptive parents to have temporary custody of the child while she was in jail.

On August 29, 2009, the adoptive parents, who live in Piedmont, Alabama, traveled to Georgia to take physical custody of the child. On that day, the mother signed a document titled "Power of Attorney Delegating Parental Rights," which allowed the adoptive parents to have custody of the *900 child for six months unless earlier revoked by the mother. The mother's signature does not appear on a separate document in the record titled "Single Parent Consent to Adoption," and the mother testified that she did not intend for the adoptive parents to adopt the child. However, the adoptive parents testified that they believed the mother had intended for the arrangement to be permanent, and their intention at that time was to adopt the child. The adoptive parents returned to Piedmont with the child on August 29, 2009.

The mother was incarcerated shortly after the adoptive parents took custody of the child. On September 17, 2009, the adoptive parents filed in the Calhoun Probate Court a petition seeking to adopt the child. The mother was served with the petition while she was still incarcerated in Georgia. The mother testified that she served about one month in jail for the probation violation. After the mother was released from jail, the probate court held a hearing on the matter of the child's adoption. The mother attended the hearing and contested the adoption. On December 16, 2009, the probate court entered an order transferring the matter to the juvenile court "for further disposition."

On June 3, 2010, the juvenile court held a hearing during which evidence was presented ore tenus. At the outset of the hearing, the mother moved to dismiss the proceedings because, she said, the child's home state was Georgia; thus, she asserted, the juvenile court had no jurisdiction over the child. The juvenile court denied the mother's motion to dismiss, stating that the issue of jurisdiction had not been raised in the probate court and noting that, at the time of the juvenile court hearing, the child had been in Alabama for nine months.

On September 9, 2010, the juvenile court entered a judgment finding that the child was dependent and terminating the mother's parental rights. On September 15, 2010, the juvenile court entered a judgment granting the adoptive parents' petition to adopt the child. On September 22, 2010, the mother filed a motion for relief from the judgment terminating her parental rights pursuant to Rule 60(b)(4), Ala. R. Civ. P., on the ground that the judgment was void for lack of jurisdiction. Pursuant to Rule 59, Ala. R. Civ. P., she also filed a postjudgment motion to alter, amend, or vacate the judgment terminating her parental rights. The postjudgment motion to alter, amend, or vacate was deemed denied by operation of law on October 6, 2010. See Rule 1(B), Ala. R. Juv. P. We note, however, that a motion filed pursuant to Rule 60(b), Ala. R. Civ. P., is not subject to being denied by operation of law. See Rule 59.1, Ala. R. Civ. P.; see also Ex parte Keith, 771 So.2d 1018, 1021 (Ala. 1998). Even though the juvenile court never ruled on the mother's Rule 60(b)(4) motion, a motion filed pursuant to Rule 60(b) does not affect the finality of a judgment or suspend its operation. Ex parte R.S.C., 853 So.2d 228, 233-34 (Ala.Civ.App. 2002). Therefore, the mother's appeal to this court was not premature and was timely filed.

The mother contends that the judgment terminating her parental rights to the child is void because, she says, Georgia is the child's home state; thus, she asserts, the juvenile court did not have jurisdiction over the child. This action began with a petition for adoption, filed in the probate court. The jurisdiction of Alabama courts in adoption matters is set forth in § 26-10A-3, Ala.Code 1975, which provides:

"The probate court shall have original jurisdiction over proceedings brought under the chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited *901 purpose of termination of parental rights. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters."

(Emphasis added.) The mother refused to consent to the adoption; therefore, pursuant to § 26-10A-3, the probate court was required to transfer the matter to the court having jurisdiction to determine whether the mother's parental rights were due to be terminated.

Alabama has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), codified at § 30-3B-101 et seq., Ala.Code 1975, to govern child-custody disputes involving, or potentially involving, more than one jurisdiction. A "child-custody proceeding" is defined in the UCCJEA to include not only divorce actions involving the custody of a child, but also, among others, "dependency, ... [and] termination of parental rights" actions in which the issue of child custody is addressed. § 30-3B-102(4). The term "child-custody proceeding" does not include an adoption proceeding. Id.

In D.B. v. M.A., 975 So.2d 927, 937 (Ala.Civ.App.2006), this court held that, in a consolidated adoption and custody case such as the case at bar, when a juvenile court must determine whether to terminate a parent's parental rights before adoption proceedings can continue, the UCCJEA applies to the custody determination. Section 30-3B-201 of the UCCJEA sets forth the following relevant requirements that must be met for a trial court to have subject-matter jurisdiction over a child-custody determination:

"(a) Except as otherwise provided in Section 30-3B-204, a court of this state has jurisdiction to make an initial child custody determination only if:
"(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

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Bluebook (online)
69 So. 3d 898, 2011 Ala. Civ. App. LEXIS 80, 2011 WL 1088280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rl-v-jer-alacivapp-2011.