Legal Opinion · Concurrence

S.D.P. v. U.R.S.

Court of Civil Appeals of Alabama

Decided March 13, 2009No. 2070977Published

1ConcurrenceMoore, Judge

I concur that the judgment terminating the parental rights of the father should be reversed. I write specially to explain why I believe the juvenile court erred in concluding that the best interests of the child would be served by terminating the parental rights of the father.

Section 26-18-7(a), Ala.Code 1975, a part of the 1984 Child Protection Act (“the CPA”),2 provides, in pertinent part:

“If the court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable or unwilling to discharge their responsibilities to and for the…

2Cases cited10 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Ex Parte BeasleySupreme Court of Alabama · 1990
  3. Ex Parte DevineSupreme Court of Alabama · 1981
  4. Ex Parte BrooksSupreme Court of Alabama · 1987
  5. A.D.B.H. v. Houston County Department of Human ResourcesCourt of Civil Appeals of Alabama · 2008

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