The Alabama Court of Civil Appeals reviewed a Barbour Juvenile Court decision that originally terminated all parental rights for both mother and father. While the father lost his rights to both children, the mother demonstrated substantial personal rehabilitation, including sustained sobriety, stable housing, and employment as a restaurant manager. Judges concluded that the younger child requires permanency through foster adoption, while relative custody serves as a sufficient, viable alternative for the older child.
Key points
Custody with a relative can serve as an appropriate alternative to terminating parental r…: Custody with a relative can serve as an appropriate alternative to terminating parental rights when adoption is not pursued.
Foster parent adoption took legal priority for the younger infant to ensure continuous ho…: Foster parent adoption took legal priority for the younger infant to ensure continuous home stability.
Maternal progress in employment and sobriety proved sufficient to preserve legal ties to…: Maternal progress in employment and sobriety proved sufficient to preserve legal ties to the older child.
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Losing parental rights can permanently change a family's future, particularly when young children have spent years living with other caregivers. In Alabama, a mother who lost her parental rights to her two children challenged a court decision that allowed them to remain with their respective caregivers. The Alabama Court of Civil Appeals has now reversed part of that decision, restoring the mother's parental rights to her older child while allowing the termination involving her younger daughter to stand.
In a November 13, 2026
opinion available on Justia, the appeals court also upheld the termination of the father's parental rights to both children. The case, N.H. v. M.D., arose from separate proceedings involving the children's maternal great-aunt and a foster caregiver.
Children placed with different caregivers
According to the court's opinion, the mother and father were never married but had two children together. Their older child, K.P., was born on December 15, 2020, and allegedly tested positive for illegal drugs at birth. The Barbour County Department of Human Resources (DHR) subsequently initiated dependency proceedings, and the juvenile court placed the child…
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