(video) Separation of Powers with DHR in Child Custody

Category Archives: Constitutional Rights

(video) Separation of Powers with DHR in Child Custody

The Three Branches of Child Custody Government…

Here’s a free #ChildCustody civics lesson with citations to Alabama Law (know your sources). We call it “Separation of Powers” or “Checks and Balances.” You might find it helpful when dealing with DHR (executive branch) or the Family Courts (judicial branch), more generally: Ala.Const. Art. III, § 42 (a) The powers of the government of […]

Dealing with DHR on Child Custody issues? Declare Independence for you and your Family.

Can Your Child Custody Order Predict (and Control) the Future?

The short answer is no, but this is Child Custody law, and it’s never that simple. The truth is that there are certain future events that Courts cannot account for in their orders and certain events they can. And there’s also certain things Courts can do about future events and certain things they can’t. What’s […]

Grandparent Visitation Upheld – High Standard Reaffirmed…

Grandparent visitation has been upheld by Alabama’s Court of Civil Appeals in a recent opinion from 04-10-2020. As a concept and claim of action, Grandparent Visitation is under constant threat of constitutional challenge. But, thanks in large part to the several elements a Grandparent must meet to prove their claim and the burden of proof […]

We Help Fathers get Joint Physical Custody…

“The court shall in every case consider joint custody…” § 30-3-152(a), Ala. Code 1975 ^^^ anybody who has spent any time in this game knows this doesn’t happen. I guess credit is due to the Judges that are bold enough to just admit they’re not going to do it (see dog-whistle language in photo at […]

Legislature Ups the Ante for Parents, Relatives and Foster Parents in Child Custody cases…

Termination of Parental Rights in Child Custody cases is known as the “civil death penalty,” and as if the stakes weren’t already high enough, the Alabama State Legislature has amended the Alabama Code to up the ante for the parents, relatives and foster parents involved. It’s now more important than ever for all parties and […]

When Can I Appeal my DHR Child Custody Case…?

One of the many reasons parents and caring relatives get confused in DHR cases is because they don’t know when Juvenile Court judgments are “final” for the purposes of “post-judgment relief” in the Juvenile Court and or appeal. Folks, you are not alone. The Juvenile Courts and even the Court of Civil Appeals is right […]

Are Mothers Really “Favored” in Child Custody Cases…?

“There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of ‘romantic paternalism’ which, in practical effect, put women, not on a pedestal, but in a cage.” Justice William Brennan There is certainly a perception that the family courts […]

What’s Your State of the Union in Child Custody…?

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient. U.S.C.A. Const. Art. II § 3 Today, the President of the United States will deliver the #StateoftheUnion address and, don’t get me wrong, it […]