Court of Civil Appeals Sides with Foxtrot in Paternity / Child Custody Forum Selection Case…

At Foxtrot, we believe that the way things have always been done is not necessarily how they should be done. Rather than blithely accepting the typical pattern and practice of the Family Courts, opposing counsel or DHR, we perform the research necessary to make sure our clients understand ALL of their legal options, both substantive and procedural, which will define their approach and strategy in their Child Custody, Divorce, DHR Defense or Adoption case. We think about each strategic decision in a case, including and especially where our Clients’ claims can be filed. We don’t believe that the trial court intentionally overstepped here, and we know that any appeal is a long shot on a good day, so we’re grateful to the Court of Civil Appeals for considering our case and for the opportunity to proceed in the forum of our choosing, which the COCA has made clear is our Clients’ unequivocal right.

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More specifically, in this case, we successfully petitioned the Court of Civil Appeals to consider our thoughtful, intentional selection to file two paternity cases in the Madison County Circuit Court rather than the Madison County Juvenile Court. You see, different Courts have different procedures. We’ve always believed that if two or more Courts all have jurisdiction to make a certain determination, then our clients have the right to select among those fora in consideration of the procedures to which they want access.

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However, and likely pursuant to the administrative pattern and practice of the Madison County Court System as well as a reasonable disagreement regarding the interpretation of a particular statute, the Circuit Court transferred our Paternity cases to the Juvenile Court.

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There might be good reasons, procedurally or otherwise, for a Parent or Relative to select one forum or another when they have that choice. That would certainly depend on the unique circumstances of a case or the relief being sought.

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At Foxtrot, we take time to think about and discuss each step, each decision our Clients make when they’re standing up for themselves and their family. And when we believe, based on our research and experience, that a right to make such a decision is being unduly infringed, we’re ready, willing and able to seek the fullest remedy allowed by the law of Alabama.

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If you would like to learn more about how you, as a Committed Parent or Caring Relative, can stand up for yourself and be more effective in your Child Custody, Divorce, DHR or Adoption case, will you ,CLICK HERE to schedule your initial consultation at one of our offices?

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This article contains general information and should not be construed as legal advice for you and or your unique situation. ~SW, Foxtrot

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