Legal Opinion

McCulloch v. State Dept. of Human Resources

Court of Civil Appeals of Alabama

Decided June 8, 1988No. Civ. 6103PublishedCited by 10 opinions

1Opinion of the Court

This is a termination of parental rights case.

After lengthy ore tenus proceedings the Juvenile Court of Jefferson County ordered the permanent termination of all the rights of the mother, Mildred McCulloch, in her three children, Amber, Holly, and Timothy. The mother appealed to circuit court. The appeal was transferred to this court. We affirm.

The mother first contends that there was not sufficient, clear, and convincing evidence to support the court's findings. We disagree.

Although parents have a prima facie right to the custody of their children, this right can be overcome by clear and…

2Cases cited7 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Matter of MooreCourt of Civil Appeals of Alabama · 1985
  3. INTERNATIONAL UNION, ETC. v. PalmerSupreme Court of Alabama · 1956
  4. Fitzgerald v. FitzgeraldCourt of Civil Appeals of Alabama · 1986
  5. Gentry v. STATE DEPT. OF PENSIONS & SEC.Court of Civil Appeals of Alabama · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. R.B. v. State Dept. of Human ResourcesCourt of Civil Appeals of Alabama · 1995
  2. N.A. v. J.H.Supreme Court of Alabama · 1990
  3. Kennedy v. State Department of Human ResourcesCourt of Civil Appeals of Alabama · 1988
  4. Na v. JhCourt of Civil Appeals of Alabama · 1990
  5. T.L.W. v. State Dept. of Human ResourcesCourt of Civil Appeals of Alabama · 1995

5 more not listed; retrieve them via the Exa API.

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