A.T. v. W.T. (Appeal from Tuscaloosa Juvenile Court: JU-17-520.03).
CL-2024-0643
Ala. Civ. App.Mar 21, 2025Background
- The case concerns the termination of A.T.'s (the father's) parental rights to two children, K.T. and G.R., by the Tuscaloosa Juvenile Court.
- The children suffered severe malnutrition and neglect while in the care of A.T. and their mother, with no medical explanation other than lack of proper care.
- Both children were removed from the parents' custody following medical intervention in 2017 and placed with relatives (A.M. for G.R., W.T. for K.T.), who have since cared for and formed strong parental bonds with them.
- DHR and medical professionals provided evidence of ongoing neglect, lack of parental rehabilitation, abandonment (no visitation or communication since 2019), and the emotional well-being of the children in their current placements.
- The mother consented to termination of her parental rights; only the father's rights were at issue on appeal. The juvenile court found clear and convincing evidence of abandonment and inability to discharge parental responsibilities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficient Evidence of Abandonment or Other Grounds for Termination | Father denied abandonment, cited disputed facts and efforts | State/relatives argued father hadn't seen or contacted children since 2019, declined video visitation | There was clear and convincing evidence of abandonment and failure to maintain contact. |
| Existence of Viable Alternatives to Termination | Father argued court did not consider alternatives | State/relatives: abandonment eliminates need to consider alternatives | Not required to consider alternatives when abandonment is found. |
| Best Interests of Children Served by Termination | Father asserted insufficient evidence termination is best | State/relatives: children are bonded with caregivers and have suffered neglect/abuse | Clear and convincing evidence supports that termination is in children's best interests. |
| Serious Physical Injury Due to Neglect | Father disputed the seriousness/causation of injuries | State/relatives: malnutrition and ulcer resulted from parental neglect | Evidence supported finding of unexplained serious injury due to neglect. |
Key Cases Cited
- A.D. v. R.P., 345 So. 3d 657 (Ala. Civ. App. 2021) (clarifies definition of abandonment and presumption of inability/unwillingness to parent in termination proceedings)
- S.N.W. v. M.D.F.H., 127 So. 3d 1225 (Ala. Civ. App. 2013) (discusses the requirement to consider viable alternatives in termination cases absent abandonment)
- J.S. v. J.C. and C.C., 219 So. 3d 666 (Ala. Civ. App. 2016) (regarding best interests analysis in parental rights termination)
- Ex parte McInish, 47 So. 3d 767 (Ala. 2008) (appellate review standard under clear and convincing evidence)