CL-2024-0238
Ala. Civ. App.Mar 21, 2025Background
- The mother (C.A.) filed to terminate the father’s (D.T., Jr.) parental rights to their child, born out of wedlock in July 2022.
- The father visited the child for a short period after birth but then ceased contact in August 2022 and provided little financial support.
- The mother expressed concern about the father’s ability and willingness to parent, referencing his mental health, alleged substance use, and lack of initiative in seeking visitation.
- The juvenile court found for the mother, determining by clear and convincing evidence that the father had abandoned the child and that termination of his rights was in the child's best interest; it did not consider alternatives to termination.
- The father timely appealed, arguing the evidence was insufficient to show termination served the child’s best interest.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supported that | Father had abandoned child and posed risk to stability | No clear and convincing evidence of best interest; | Record did not support conclusion that termination was in best interest; |
| termination served the best interest of the child | and emotional health | child was safe, no adoption pending | judgment reversed and remanded |
| Whether viable alternatives to termination needed | Court need not consider alternatives if abandonment found | Alternatives were available (mother capable, no | Termination requires considering alternatives unless clear statutory criteria met |
| to be considered | adoption pending) | ||
| Whether speculative concerns justify termination | Past conduct/concerns about father’s behavior justified termination | Concerns were speculative; no ongoing relationship | Speculation and convenience are not grounds for termination; needs clear evidence |
| Standard of review for termination of parental rights | Decision supported by ore tenus evidence and entitled to deference | Judgment not supported by clear and convincing | Appellate court will reverse when record does not support juvenile court’s |
| evidence | factual findings by clear and convincing evidence |
Key Cases Cited
- Ex parte Beasley, 564 So. 2d 950 (Ala. 1990) (sets out two-prong test for termination of parental rights: statutory grounds and consideration of alternatives)
- S.D.P. v. U.R.S., 18 So. 3d 936 (Ala. Civ. App. 2009) (termination cannot be based solely on the custodial parent's preferences or convenience)
- F.I. v. State Dep't of Human Res., 975 So. 2d 969 (Ala. Civ. App. 2007) (sets standard of review and presumption for ore tenus factual findings in parental termination)