W.D.R. v. H.M.

CRAWLEY, Judge.

D.J.M. (“the child”) was born on July 15, 1999, while H.M. (“the mother”) was married to J.M. (“the presumed father”); although some question exists as to whether that marriage was void, pursuant to Ala. Code 1975, § 26-17-5(a)(2), J.M. would be the presumed father of the child even if the marriage was void.1 In June 2000, the presumed father was granted custody of the child pursuant to dependency order; that order does not appear in the record.

When the presumed father died in October 2003, the child’s adult half sister, A.R. (“the half sister”), petitioned in the juvenile…