Legal Opinion · Dissent

F.P. v. J.K.M.

Court of Civil Appeals of Alabama

Decided August 31, 2001No. 2991374Published

1DissentYates, Presiding Judge

I respectfully dissent from the main opinion affirming the trial court’s judgment terminating the father’s parental rights and approving the adoption of his minor child. The evidence does not support a finding that the father gave implied consent to the adoption or that his actions amounted to an abandonment of the child. To the contrary, the evidence supports a finding that the father has vigilantly pursued his legal rights to establish a relationship with the child and has sought legal and physical custody of the child. Further, on the basis of our supreme court’s recent ruling in Ex parte…

2Cases cited6 opinions

  1. Ex Parte BeasleySupreme Court of Alabama · 1990
  2. C.V. v. J.M.J.Supreme Court of Alabama · 2001
  3. M.J.G.L. v. State Dept. of Human Res.Court of Civil Appeals of Alabama · 1991
  4. T.S. v. J.P.Court of Civil Appeals of Alabama · 1995
  5. S.W.B. v. R.C.Court of Civil Appeals of Alabama · 1995

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