State Ex Rel. McCord v. Smith, 2100862 (ala.civ.app. 11-4-2011)

MOORE, Judge.

The State Department of Human Resources (“DHR”) appeals from the Jefferson Circuit Court’s denial of DHR’s motion to intervene in a divorce action pending between Taudia Rochelle McCord (“the wife”) and Benjamin Leon Smith (“the husband”).

The record reveals the following. On November 29, 2010, the husband filed a complaint seeking a divorce from the wife. In his complaint, the husband asserted, among other things:

“3. That there were three children born during this marriage, namely [B.L.S.] born on December 30, 2002, [D.R.S.] born on November 8, 2004 and [J.W.S.] born on May 8,…