Thinking of Playing the Corona Card?

Category Archives: legal updates

Thinking of Playing the Corona Card?

Please talk to a doctor AND your #childcustody lawyer before withholding a parent’s visitation with or custody of a child in violation of Court orders. It could look like you’re just playing the Corona Card and it’s looking like my team and I are going to be at a lot of contempt hearings when the […]

What’s the difference between Child Custody Jurisdiction and Child Custody Venue…?

Clearly understanding the difference between “venue” and “jurisdiction” in Child Custody cases can be so tricky that even we lawyers can get confused if we’re not careful. Think of it this way, Bryant-Denny or Jordan-Hare stadium, or even any regulation football field anywhere, can host a proper contest to see who the better american football […]

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 […]

Hearsay in Child Custody Cases…

Think “he said, she said” cases are hard? Imagine if it’s “the child said” or “this other guy said” or, as is the case in a lot of DHR cases, “this anonymous caller said.” Sounds like a mess, doesn’t it? ???? That’s why we’re digging into the vault in this, the week of Foxtrot’s 5th […]

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 […]

Alabama’s Grandparent Visitation Statutes…

Have you ever read Alabama’s Grandparent Visitation laws? It’s a complicated issue because the Court will not only consider the best interests of the child but will also consider the fundamental constitutional rights of parents, even if parents are refusing any contact or visits with grandparents. The code itself is pretty complicated but you can […]

Paternal Relatives’ Objections to Termination of Dad’s Child Custody Rights Overruled, for now…

Really, really sad fact pattern / story including violence against family members and children considered by the Court of Civil Appeals and discussed here so proceed with caution or avoid if the legal discussion and information isn’t worth reading about some really sad stuff. A maternal grandfather with Sole Physical Custody subject to the visitation […]

Has the Supreme Court Ever Ruled on Child Custody Issues?

Yes, and it’s a good thing they have. The United States Constitution doesn’t explicitly say a darn thing about Child Custody. So, like other non-enumerated rights now deemed to be and taken for granted as fundamental, it took “common law” rulings of the Courts to firmly establish your right to raise your children as the […]

Appellate Court in Child Custody Case Divided Over Grandparent Visitation Claim…

The future of Grandparent Visitation in Alabama is uncertain after ruling released last month on October 11th, 2019, in which the Alabama Court of Civil Appeals overturned a trial court’s award of Grandparent Visitation to a grandparent who filed the suit against another grandparent on the “other side” of the family. The Court narrowly construed […]

Online “Emotional” Affair No Excuse in Recent Divorce / Family Law Ruling…

A recent case before the Alabama Court of Civil Appeals reviewed whether there is an important distinction, when it comes to fault in divorce, between intimate, online exchanges and physical consummation of an affair. If there is a difference, it wasn’t enough for the Alabama Court of Civil Appeals to overturn a harsh trial court […]