F.G.W. v. S.W.

The main opinion indicates that a parent does not have to be found unfit in order for his or her child to be found dependent and, further, that a judgment of dependency may be based upon the “best interests” of the child:

“A parent does not have to be found unfit when a child is determined to be dependent and custody is placed with a relative to protect the welfare of the child .... A judgment of dependency and the subsequent transfer of custody are provided for in § 12-15-71, Ala. Code 1975, and are governed by the best interests of the child. Jones v. Webb. 524 So.2d 374 (Ala.Civ.App.1988).”

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