Swain v. State ex rel. Alabama Department of Pensions & Security

EDWARD N. SCRUGGS, Retired Circuit Judge.

A thirteen-year-old girl was adjudged to be dependent, and her temporary custody was granted to the Department of Pensions and Security (DPS). The child’s mother timely appealed.

“After an ore tenus trial of a child custody case, the factual findings of the trial court are presumed to be correct and will not be disturbed on appeal unless the decision was so unsupported by the evidence as to be palpably wrong.” Lee v. Jackson County Department of Pensions & Security, 470 So.2d 1294 (Ala.Civ.App.1985). Moreover, the evidence must be clear and convincing…