Background

• The juvenile court adjudicated the child dependent in July 2008 and awarded physical custody to the paternal grandparents with joint legal custody to the paternal grandparents and maternal grandparents.
• In June 2009, the mother petitioned to modify the custody award; after trial, December 2009 judgment awarded the mother custody (legal and physical).
• This court in J.W. v. C.B., 56 So. 3d 693 (Ala.Civ.App.2010) reversed the modification judgment for lack of a material change in circumstances and remanded.
• Following the remand and this court’s certificate of judgment, the juvenile court vacated its December 2009 order and held that it lacked subject-matter jurisdiction, directing any modification petition to be filed in circuit court.
• The paternal grandparents appealed, arguing the juvenile court did have jurisdiction under Alabama law to consider the mother’s modification petition.
• The central legal question is whether the juvenile court had subject-matter jurisdiction to hear the mother’s custody-modification petition despite prior dependency adjudication.

Issues

Key Cases Cited

• Ex parte T.C., 63 So. 3d 627 (Ala.Civ.App.2010) (clarifies juvenile court jurisdiction after AJJA, §12-15-117(a))
• Ex parte L.N.K., 64 So. 3d 656 (Ala.Civ.App.2010) (continues juvenile jurisdiction where child previously adjudicated dependent)
• State v. Property at 2018 Rainbow Drive, 740 So. 2d 1025 (Ala.1999) (trial court must dismiss when lacking subject-matter jurisdiction)
• Ex parte Byrom, 47 So. 3d 791 (Ala.2010) (pure question of law; de novo review applies in equivalent context)
• W.B.G.M. v. P.S.T., 999 So. 2d 971 (Ala.Civ.App.2008) (treatise on continuing jurisdiction under AJJA)
• J.W. v. C.B., 56 So. 3d 693 (Ala.Civ.App.2010) (precedent reversing custody-modification judgment for lack of material change)