Legal Opinion · Dissent

T.K. v. M.G.

Court of Civil Appeals of Alabama

Decided April 1, 2011No. 2091162Published

1DissentMoore, Judge

On appeal, T.K. (“the mother”) argues that the juvenile court’s final judgment is void for lack of subject-matter jurisdiction. The mother contends that, although the petition filed by M.G. (“the father”) purported to invoke the dependency jurisdiction of the juvenile court, it actually set out a custody dispute between the parents, which is not a dependency action. The mother contends that the juvenile court therefore erred as a matter of law in holding that it had subject-matter jurisdiction over the action and in denying her motion to dismiss and her motion to vacate the judgment. I agree.

B…

2Cases cited14 opinions

  1. City of Bessemer v. McClainSupreme Court of Alabama · 2006
  2. Ex Parte K.L.P.Court of Civil Appeals of Alabama · 2003
  3. L.L.M. v. S.F.Court of Civil Appeals of Alabama · 2005
  4. K.C.G. v. S.J.R.Court of Civil Appeals of Alabama · 2010
  5. B.S.L. v. S.E.Court of Civil Appeals of Alabama · 2002

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