Legal Opinion

Fitzgerald v. Fitzgerald

Court of Civil Appeals of Alabama

Decided September 21, 1988No. Civ. 6547PublishedCited by 2 opinions

1Opinion of the Court

HOLMES, Judge.

This is a termination of parental rights case.

Following an ore tenus hearing, the trial court ordered the permanent termination of all parental rights of the mother and father of Bonnie Jane Fitzgerald, approximately one year old. Permanent legal custody of the child was vested with the paternal grandparents.

Only the mother appeals, and we affirm.

The dispositive issue on appeal is whether there exists clear and convincing evidence which supports the trial court’s decision to terminate the mother’s parental rights.

It is well settled that the parents have a prima facie right to…

2Cases cited4 opinions

  1. Matter of Von GoytCourt of Civil Appeals of Alabama · 1984
  2. Fitzgerald v. FitzgeraldCourt of Civil Appeals of Alabama · 1986
  3. McCullough v. STATE DEPT. OF PENSIONSCourt of Civil Appeals of Alabama · 1986
  4. Fitzgerald v. State, Department of Human ResourcesCourt of Civil Appeals of Alabama · 1987

3Cited by2 opinions

  1. J.W. v. Mobile County Department of Human ResourcesCourt of Civil Appeals of Alabama · 1996
  2. J.S.L. v. Jefferson County Department of Human ResourcesCourt of Civil Appeals of Alabama · 2015

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