L.R.J. v. C.F.
2011 Ala. Civ. App. LEXIS 181
Ala. Civ. App.2011Background
- Mother filed a dependent custody petition alleging child dependent due to the parents’ inability to discharge responsibilities; sought sole custody and supervised visitation.
- Temporary order (Nov 1, 2010) required child support to be paid by Father and outlined visitation arrangements and contact restrictions.
- Final hearing (Jan 31, 2011) resulted in mother receiving sole legal and physical custody, father receiving supervised visitation, and both parents ordered to take coparenting class and Father to attend anger-management.
- Court noted a restraining order in place but allowed contact for visitation; no paternity adjudication requested or established.
- Appeal (filed Feb 2, 2011) argued the court exceeded discretion on visitation and coparenting-class requirements; majority held the court lacked subject-matter jurisdiction because dependency was not found, rendering the judgment void and the appeal dismissible.
- Court ultimately dismissed the appeal with instructions to vacate the void judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had jurisdiction to enter the January 31, 2011 judgment | Mother contends true custody decision required dependency finding. | Father contends court properly handled custody/disposition. | No; judgment void for lack of dependency finding and jurisdiction. |
Key Cases Cited
- Ex parte K.L.P., 868 So. 2d 454 (Ala. Civ. App. 2003) (juvenile court jurisdiction limits; custody disposition requires dependency finding)
- T.B. v. T.H., 30 So. 3d 429 (Ala. Civ. App. 2009) (dependency findings govern juvenile court dispositions)
- K.C.G. v. S.J.R., 46 So. 3d 499 (Ala. Civ. App. 2010) (if not dependent, dismiss petition; custody disposition only after dependence)