Lewis v. STATE DEPT. OF PENSIONS AND SECURITY

This case concerns the award of the permanent custody of a dependent child to the Department of Pensions and Security of the State of Alabama (D.P.S.) with the grant of authority to that agency to place the child for adoption.

The mother appeals and complains of the insufficiency of the evidence.

It is presumed that parental custody is in the best interest of a child. However, that prima facie right is overcome when the evidence is clear and convincing that a custody award to a parent is contrary to the child's best interest. Hamilton v.State, 410 So.2d 64 (Ala.Civ.App. 1982). Since the family…