Legal Opinion

Matter of Burnett

Court of Civil Appeals of Alabama

Decided February 6, 1985No. Civ. 4572PublishedCited by 21 opinions

1Opinion of the Court

This is a termination of parental rights case.

The Alabama Department of Pensions and Security (DPS) brought a petition in the Montgomery County Juvenile Court, seeking permanent custody of April Devone Burnett and termination of parental rights. The paternal great-grandmother intervened, seeking custody. After a hearing, the court granted the petition of DPS. From that judgment the mother and grandmother appeal.

It is well settled that although a parent has a prima facie right to custody of his child, the best interests of the child are controlling. Borsdorf v. Mills, 49 Ala. App. 658,275…

2Cases cited4 opinions

  1. Borsdorf v. MillsCourt of Civil Appeals of Alabama · 1973
  2. Miller v. ALABAMA DEPT. OF PENSIONS AND SEC.Court of Civil Appeals of Alabama · 1979
  3. Hudgins v. StateCourt of Civil Appeals of Alabama · 1982
  4. Matter of RiveraCourt of Civil Appeals of Alabama · 1983

3Cited by21 opinions

  1. In Re HickmanCourt of Civil Appeals of Alabama · 1986
  2. L.N. v. State Dept. of Human ResourcesCourt of Civil Appeals of Alabama · 1993
  3. Columbus v. Dept. of Human ResourcesCourt of Civil Appeals of Alabama · 1987
  4. Fitzgerald v. FitzgeraldCourt of Civil Appeals of Alabama · 1986
  5. Johnson v. StateCourt of Civil Appeals of Alabama · 1986

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