P.S. v. M.S., 101 So. 3d 228

Maternal grandfather filed dependency petitions 4/22/2011 seeking custody of three children to prevent foster care during mother's incarceration.
Juvenile court placed children with grandfather and ordered supervised visitation, psychological evaluation, and cooperation with DHR services.
Ore ten-us dependency hearing held; 3/16/2012 orders found children dependent and awarded custody to grandfather; mother appealed.
Grandfather appeared pro se; no record of appointment of counsel or trial court advisement of right to counsel for indigent petitioner.
Mother was no longer incarcerated at hearing, on probation for prior charges; DHR offered reunification services, including a psychological evaluation and counseling.
Mother moved to Florida, choosing not to participate in reunification services; evidence showed limited visitation and irregular contact with children.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports dependency finding	Mother argues evidence insufficient for dependency.	Grandfather asserts sufficient evidence of risk and parental unfitness.	Yes, dependency supported by the record.
Whether the court erred by not awarding visitation	Mother contends visitation should be awarded to protect parental rights.	Grandfather opposes additional visitation or argues discretion rests with court.	The court erred in not awarding visitation; remand for judgment granting visitation.

J.S.M. v. P.J., 902 So.2d 89 (Ala. Civ. App. 2004) (standard of review for dependency credibility)
J.L. v. W.E., 64 So.3d 631 (Ala. Civ. App. 2010) (credibility and deference to trial court findings)
Floyd v. Alabama Dep’t of Human Res., 550 So.2d 980 (Ala. Civ. App. 1988) (best interests standard for visitation in dependent cases)
Ex parte Bland, 796 So.2d 340 (Ala. 2000) (abuse of discretion standard in visitation decisions)
Ex parte D.W.W., 717 So.2d 793 (Ala. 1998) (credibility and review of trial court determinations)