When a child is born during marriage, the husband of the mother is presumed to be the father of that child. And if the husband persists in claiming his paternity, no one has standing to dispute that paternity, not even the mother, and not even if she can prove conclusively that he is not the biological father. That’s the holding from the Alabama Court of Civil Appeals in the case of Cravens v. Cravens, Case No. 2040004 (Ala. Civ. App. September 9, 2005).
Category: Alabama
Information about divorce and family law in Alabama (where I practice law)
Burden of Proof for Contempt
How does the burden of proof work for a charge of contempt? The Alabama Court of Civil Appeals muddied the waters in McMorrough v. McMorrough, Case No. 2040144 (Ala. Civ. App. August 26, 2005).
A Lapdogs’ View of Bankruptcy Reform
I have a great deal of respect for the Birmingham Business Journal. I look to the Journal for current information about the current state of changes in business, not just in Birmingham but across Alabama. There’s no question, however, that it sees the world through business-colored glasses. Here’s the latest evidence, a remarkably rosy description of the Bankruptcy Reform Act.
Ore Tenus Applies in Alabama – Until it Doesn’t
The Alabama Court of Civil Appeals is always careful to cite the Ore Tenus rule when it sustains the interpretation of facts from the trial court below. When it disagrees with that interpretation, however, it conveniently ignores the principle. We have another illustration of this behavior in C.E. v. C.C.H., Case No. 2040599 (Ala. Civ. App. August 12, 2005).
Continue reading “Ore Tenus Applies in Alabama – Until it Doesn’t”
Grandparents – In Loco Parentis?
The Alabama Supreme Court says grandparents and an aunt don’t enjoy parental immunity just because they’re acting as babysitters. Ruling in the case of Smith v. Smith, Case No. 1031744 (Ala. August 12, 2005), the Supreme Court reversed and remanded a trial court ruling that had granted immunity to the grandparents.
The McLendon Doctrine in Alabama
Lawyers and judges in Alabama refer to the “McLendon doctrine” frequently. What is the McLendon doctrine, where did it come from, and why does it matter? Here’s a quick explanation.
Brian Huff Named New Family Court Judge
Gov. Bob Riley has appointed Brian Huff to replace Jefferson County Family Court Judge Sandra Storm. Huff’s appointment is effective immediately, but it’s not clear how quickly he will be able to begin hearing cases. Here’s an article about the appointment from the Birmingham News.
Who Gets the Tax Exemption?
There’s a misconception among many divorced parents about who gets to claim the tax exemption for the children. The rules are pretty simple, so let’s spell them out.
Imposing Penalty for Frivolous Appeal
The Alabama Court of Civil Appeals has sanctioned an attorney on the grounds that he filed a frivolous pro se appeal. The Appeals Court ordered the husband/attorney in G.E.A. v. D.B.A., Case No. 2040392 (Ala. Civ. App. July 29, 2005) to pay his ex-wife “an amount equal to double the costs of this appeal.”
Making Every Case a Debate About God?
We’ve had a chance now to digest the various opinions of the Alabama Supreme Court in Ex parte G.C., Jr., Case No. 1040001, July 29, 2005. This is the case I told you about on Friday, in which the Justices wrote seven separate opinions among them.
Alabama – Need for Notary Public Reform?
Alabama’s own Secretary of State says Alabama’s laws are probably the worst in the country when it comes to Notaries Public.
Can I Get a Divorce During Pregnancy?
It’s intriguing how many people believe that a judge will not grant a divorce in Alabama if the wife is pregnant. They’re wrong. There’s nothing about pregnancy that makes an Alabama divorce unobtainable. Pregnancy does, however, make divorce both more complex and less complete. Here’s why.
Alabama Child Custody Ruling
It will take us a while to untangle this. The Alabama Supreme Court issued a ruling today that breaks new ground, not so much for the decision made by the court but for the complexity and confusion of the opinions. Dissenting Justice Tom Parker said that in his search of the available cases, he was unable to find another case like this, in which the Justices issued seven separate opinions. Now, lawyers, go forth and advise your clients.
Limits on Court’s Power to Imprison
§ 20 of the Alabama Constitution provides that no person shall be imprisoned for debt. So how does that square with the court’s power to use jail time to put delinquent child support and alimony payers in jail? The Alabama Court of Civil Appeals has clarified that question in Dolberry v. Dolberry, Case No. 2031081 (Ala. Civ. App. July 22, 2005).
“Certificate of Divorce” vs. a Divorce Decree
I got a nervous phone call today from a client. His wife had already received her “Certificate of Divorce,” and he had heard nothing about the progress of his case. I think he was peeved with me that I was doing such a poor job keeping him apprised of what was going on.
Continue reading ““Certificate of Divorce” vs. a Divorce Decree”
In Which County Do We File Uncontested Divorce? Part 3
For the last couple of days, we’ve been covering the issue of venue for divorce and domestic cases in Alabama. The legal term for this is “venue.” Thursday’s post covered the question of which county to use for an adversarial divorce filing, and Friday’s post described the choice of county for a post-divorce case. Today’s post covers the issue of where couples may choose to file an uncontested divorce in Alabama.
Continue reading “In Which County Do We File Uncontested Divorce? Part 3”
In Which County Do I File to Modify? Part 2
Yesterday we talked about how to know which county’s court to use in filing a divorce in Alabama. Today the focus is on which county’s court to use when it’s time to file to modify a divorce to change child support, post-minority benefits, child custody, or visitation. As we discussed yesterday, this concept is called “venue.”
Continue reading “In Which County Do I File to Modify? Part 2”
In Which County Do I File the Divorce? Part 1
We’re talking here about a term called “venue.” Pronounced “VIN you,” it describes where within the state of Alabama (in what county) a divorce should be filed. This note addresses venue for adversarial divorce. I’ll follow up in the next day or two with separate notes on venue for post-divorce matters and venue for uncontested divorce.
Continue reading “In Which County Do I File the Divorce? Part 1”
Can You Sue Your Divorce Lawyer?
It is a well-established principle of common law that attorneys owe their clients an extraordinary duty of care. One of the oft-quoted statements on this came from the Alabama Supreme Court 30 years ago: “The relationship of attorney and client is one of the most sacred relationships known to the law and places upon the attorney a position likened to a fiduciary calling for the highest trust and confidence, so that in all his relations and dealings with his client, it is his duty to exercise the utmost honesty, good faith, fairness, integrity and fidelity†Hannon v. State, 266 So. 2d 825, 829 (Ala. 1972).
Farewell, Judge Storm
Jefferson County Presiding Family Court Judge Sandra Storm retired yesterday. Throughout her time on the bench, she has been a passionate advocate for children and for the parents who care for them.
We already know that her replacement will be competent. Unfortunately, we also already know that her replacement will be a man.
Judge Storm spent 25 years on the bench and served ably. We will all miss her.