Rl v. Jer
2011 Ala. Civ. App. LEXIS 80
| Ala. Civ. App. | 2011Background
- Mother appealed a juvenile-court termination of parental rights and subsequent adoption order affecting I.M.L.
- Child resided with mother in Georgia; birth in Riverdale, Georgia, Jan. 30, 2009, with dispute over exact birth date.
- Adoptive parents from Piedmont, Alabama obtained physical custody in Georgia via a Power of Attorney Delegating Parental Rights.
- Probate court petition for adoption filed in Alabama; mother contested; matter transferred to juvenile court for termination of parental rights.
- Juvenile court terminated rights Sept. 9, 2010 and adoptive-parents’ petition granted Sept. 15, 2010; mother sought relief under Rule 60(b)(4) and postjudgment motions were denied; appeal timely nonetheless.
- Court later held Alabama lacked subject-matter jurisdiction to terminate rights or grant adoption because Georgia was child’s home state; case remanded to vacate void judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alabama had jurisdiction to terminate parental rights. | Mother asserts Georgia was home state; Alabama lacked initial custody-jurisdiction. | Adoption-transfer mechanism gave Alabama jurisdiction to terminate rights. | Alabama lacked jurisdiction; Georgia home state controls; void judgment of termination. |
| Whether probate court properly transferred proceedings to Juvenile Court for termination only. | Transfer under 26-10A-3 limited to termination; probate retained adoption jurisdiction. | Transfer allowed juvenile court to address termination to proceed toward adoption. | Transfer did not authorize juvenile court to grant adoption; judgment void. |
| Whether the juvenile court could grant adoption after terminating rights. | Adoption is probate-petitioned matter; juvenile court exceeded its authority. | Juvenile court could grant adoption after termination under transfer. | Void adoption judgment; subject-matter jurisdiction lacking. |
Key Cases Cited
- Ex parte C.L.C., 897 So.2d 234 (Ala.2004) (juvenile court lacks authority to grant adoption absent probate transfer; probate retains primary jurisdiction)
- Eagerton v. Second Econ. Dev. Coop. Dist. of Lowndes County, 909 So.2d 783 (Ala.2005) (void judgment where court lacks subject-matter jurisdiction)
- Wesson v. Wesson, 628 So.2d 953 (Ala.Civ.App.1993) (exclusive jurisdictional control; proper transfer mechanisms important)
- Baldwin County v. Bay Minette, 854 So.2d 42 (Ala.2003) (mandate to notice lack of subject-matter jurisdiction ex mero motu)
- B.W.C. v. A.N.M., 590 So.2d 282 (Ala.Civ.App.1991) (probate court retains primary jurisdiction in adoption matters)