Legal Opinion · Dissent

M.D.C. v. K.D.

Court of Civil Appeals of Alabama

Decided August 15, 2008No. 2070465Published

1DissentMoore, Judge

I respectfully dissent from the holding in the main opinion because I conclude that a judgment entered pursuant to the Alabama Child Protection Act (“the CPA”), § 26-18-1 et seq., Aa.Code 1975, involuntarily terminating the parental rights of a parent to his or her natural children does not, by operation of law, extinguish the parent’s responsibility to pay child support for the benefit of those children as established by a prior judgment of the circuit court.

Section 26-18-7(a), Aa.Code 1975, provides, in part:

“If the court finds from clear and convincing evidence, competent, material, and…

2Cases cited35 opinions

  1. IMED Corp. v. Systems Engineering Assoc.Supreme Court of Alabama · 1992
  2. Ex Parte BeasleySupreme Court of Alabama · 1990
  3. Ex Parte JacksonSupreme Court of Alabama · 1993
  4. State v. FengSupreme Court of Rhode Island · 1980
  5. Chandler v. WhatleySupreme Court of Alabama · 1939

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