(video) Separation of Powers with DHR in Child Custody

Category Archives: Research

(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 […]

Random Rules! — Expert Witnesses in your Child Custody case (Rule 703, Ala R Evid)

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 […]

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 […]

Dealing with DHR – WTH is an ISP?!?!

If you’ve ever dealt with DHR regarding #ChildCustody, you may have wondered, “WTH is an ISP?!?!”  The term “ISP” is an initialism short for Individualized Service Plan. What is an ISP? Who’s involved? Is it “binding” on parents? On DHR? Or, is it what one lawyer called a “sham proceeding” according to a dissenting opinion […]

Get Mad in Child Custody…but Don’t Stay Mad…

Anger is inevitable, especially in #ChildCustody and #CoParenting.  Relevant research shows that completely avoiding negative emotions in life is practically impossible. The important distinction, though, is how long we stay in a negative emotional state and what we do with the energy that comes from that state. Anger can actually be valuable. It’s much better […]

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 […]

The Definition(s) of Child Custody (ˈchī(-ə)ld \ ˈkə-stə-dē) in Alabama…

Committed parents and caring relatives, and even several lawyers and judges, routinely misunderstand and misapply the legal definitions of custody in Alabama. This creates a headache, at best. It can cost families and parties precious time, energy and financial resources more often. And, at worst, it can put children in danger. There are 2 different […]