A.E. v. M.C.
2012 Ala. Civ. App. LEXIS 94
Ala. Civ. App.2012Background
- Maternal aunt and uncle challenge court ruling that child is not dependent and custody to father.
- Father’s paternity judgment (Feb. 5, 2005) ordered child support and conferred custody to the mother; mother died (June 2006).
- After mother’s death, maternal grandmother obtained pendente lite custody via Aug. 4, 2006 dependency order, later transferring custody to aunt and uncle.
- Father filed custody action in Unified Family Court (case DR-10-882) Oct. 14, 2010, naming the deceased mother as the sole defendant; dependency action JU-10-300302.01 filed by aunt and uncle Nov. 18, 2010.
- Trial court held the dependency action in July 2011 (denying dependency) and separately awarded custody to the father in DR-10-882; both judgments were appealed.
- This Court held the DR-10-882 custody action void for lack of subject-matter jurisdiction and dismissed that appeal; reversed the dependency denial and remanded for dependency findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DR-10-882 custody action is void for lack of jurisdiction | Father says action targeted deceased mother, lacking capacity to be sued. | N/A in this section of the opinion. | Void; trial court lacked jurisdiction; DR-10-882 must be dismissed. |
| Whether the child was properly found not dependent | Aunt/uncle prove abandonment and dependency under 12-15-102(8)(a)(5) and 12-15-301(1). | Father contends insufficient evidence of abandonment; child not dependent. | Dependent finding required; trial court erred by not finding dependency and must remand for dependency finding. |
| Effect of dependency finding on custody decision and remand scope | Best interests support custody to aunt/uncle if dependent. | Custody award premised on dependency; need proper dependency proceedings before disposition. | Remand to conduct proper dependency proceedings; custody decision not affirmed at this stage. |
Key Cases Cited
- Ex parte L.E.O., 61 So.3d 1042 (Ala.2010) (defining dependent child and abandonment standards; need for care/supervision)
- J.S.M. v. P.J., 902 So.2d 89 (Ala.Civ.App.2004) (parental abandonment and dependency considerations in dependency appeal)
- Ex parte G.C., 924 So.2d 651 (Ala.2005) (abandonment vs. voluntary relinquishment of custody)
- Ex parte J.W.B., 933 So.2d 1081 (Ala.Civ.App.2005) (standing and abandonment considerations in custody/dependency context)
- Newman v. Newman, 667 So.2d 1362 (Ala.Civ.App.1994) (caregiver status and nonparent custody considerations)