Ex Parte Johnson

We granted certiorari in this case to determine whether the Court of Civil Appeals erred in concluding that a juvenile court cannot entertain a petition by a parent to have a child declared dependent, and following such declaration, terminate the other parent's parental rights, where the petitioning parent has legal custody of the child by virtue of a divorce decree. We hold that the Court of Civil Appeals, 474 So.2d 712, did err, and we therefore reverse its judgment.

Mary Johnson and James W. Abney were divorced in 1977; the divorce decree awarded custody of their only child, Michele…