S.N.W. v. M.D.F.H.

127 So. 3d 1225, 2013 WL 2130930, 2013 Ala. Civ. App. LEXIS 122
CourtCourt of Civil Appeals of Alabama
DecidedMay 17, 2013
Docket2120120
StatusPublished
Cited by15 cases

This text of 127 So. 3d 1225 (S.N.W. v. M.D.F.H.) 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
S.N.W. v. M.D.F.H., 127 So. 3d 1225, 2013 WL 2130930, 2013 Ala. Civ. App. LEXIS 122 (Ala. Ct. App. 2013).

Opinion

MOORE, Judge.

S.N.W. (“the father”) appeals from a judgment of the Marshall Juvenile Court (“the juvenile court”) terminating his parental rights to D.W. (“the child”).

Procedural History

V.W.H., the child’s stepfather, filed a petition in the Marshall Probate Court to adopt the child. After receiving an interlocutory order of adoption, the stepfather and M.D.F.H. (“the mother”) filed a motion to transfer the adoption proceedings to the juvenile court for the purposes of obtaining termination of the parental rights of the father to the child. The mother then filed a petition to terminate the father’s parental rights, and the father answered the petition on February 22, 2012, and did not object to the motion to transfer or otherwise contest the jurisdiction of the juvenile court. After a trial, the juvenile court entered a judgment on October 2, 2012, terminating the father’s parental rights. On October 10, 2012, the [1227]*1227father filed a postjudgment motion. The juvenile court purported to enter an order on October 25, 2012, denying that motion; however, the motion had been denied by operation of law on October 24, 2012. See Rule 1(B), Ala. R. Juv. P. On October 29, 2012, the father filed his notice of appeal.

Facts

At the trial, the parties stipulated that the stepfather had filed a petition to adopt the child in the Marshall Probate Court and that an interlocutory order for adoption had been entered. The parties also stipulated that, on or about January 13, 2002, the father stabbed the mother in the presence of the child at a visitation exchange in Jackson County. They further stipulated that the mother had suffered severe trauma as a result of her injuries and had incurred medical expenses in excess of $79,000 as a result of that incident. The parties stipulated further that the father had been arrested on charges of attempted murder and first-degree domestic violence, but had subsequently been convicted of only first-degree domestic violence on May 15, 2002, and had been sentenced to 20 years in prison. The parties also stipulated that, at the time of the trial, the father was serving that prison sentence and was incarcerated at the Decatur Work Release Center. The parties stipulated further that the father had not had any contact with the child since the stabbing incident and had not paid any child support since the date of his sentencing in May 2002.

The mother testified that, since the stabbing incident, she had had custody of the child, who was 12 years old at the time of the trial. She testified that the child was progressing normally as a student and had made mostly A’s and B’s her entire life.

The mother testified that the child does not know the father. She testified further that she and the stepfather have been together since 2004, that she is a phlebo-tomist, and that the stepfather owns a moving business. She testified that, if the stepfather were allowed to adopt the child, the child could be covered by the stepfather’s insurance and could receive college-tuition assistance due to the stepfather’s status as a veteran. The mother testified further that, regardless of whether the stepfather were allowed to adopt the child, he would continue to provide for the child as he had done for the previous eight years. She later testified that the child has insurance through the stepfather and that they have a savings account for the child’s college tuition.

The mother testified that the father had had a parole hearing two or three years before the trial and that he had been denied parole. She testified that she had not been notified since then that he was up for parole again. She also testified that she had not received any information from the father about whether he was earning any income at the work-release center. She testified that she previously had had to take the father to court to get him to pay child support and that he or his mother had paid support for about four months before he was sentenced. She testified that the father’s child-support obligation had been suspended once he was sentenced. She testified that, at the time of the stabbing incident, the parties had been going through a divorce.

The stepfather testified that he had been with the mother for eight years and that, during that time, the child had resided with him and the mother and he had supported the child. He testified that the child is well-rounded and wants to go to college. He testified that he did not know of any contact the child had had with the father or any of the father’s family or of any attempts the father had made to contact the child. He testified that, to his [1228]*1228knowledge, the father had not provided •anything toward the child’s support. The stepfather testified that, if he were allowed to adopt the child, the Veterans’ Administration would pay for four years of college for the child.

The father testified that the parties had divorced because the mother had been “cheating” on him. He testified that, at the time of the stabbing incident, he had temporary custody of the child and was under the influence of and addicted to cocaine. He testified that he had been using cocaine for three or four months at the time of the stabbing incident. He testified that he had attended a 12-week drug-treatment program, “SAP,” in prison 2 years before the trial. He also testified that, while he was out on bond before he was sentenced, he had gone to treatment programs at the Huntsville Mental Health Center and at New Horizon but that he had not completed the programs because he was sentenced to prison. He testified that his treatment had been focused on depression and drug use. He testified that he had not used illegal drugs since the date of the stabbing incident.

The father testified further that, while in prison, he had obtained his general equivalency diploma, had become certified as an automotive technician, and had been working full time since March 2012. He testified that he had not been disciplined while he was in prison and that he had been moved to the work-release center in January 2012. He testified that, before the stabbing incident, he had not been convicted of any felony or other violent crime. He testified further that he would again be eligible for parole in August 2013. He testified at trial that he was not taking medication for any mental-health issues but that he had attended group-counseling sessions for depression, which sessions, he said, had also dealt with anger issues.

The father testified that he had tried to contact the child by writing a letter to the mother’s mother but that he had not received a reply.

Discussion

A.

On appeal, the father first argues that the juvenile court lacked jurisdiction to terminate his parental rights. Section 12-15-114, Ala.Code 1975, provides, in pertinent part:

“(a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall not include a custody dispute between parents. Juvenile cases before the juvenile court shall be initiated through the juvenile court intake office pursuant to this chapter.
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Cite This Page — Counsel Stack

Bluebook (online)
127 So. 3d 1225, 2013 WL 2130930, 2013 Ala. Civ. App. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snw-v-mdfh-alacivapp-2013.