S.D.S. v. T.R.S.
S.D.S. v. T.R.S.
Opinion of the Court
This mandamus proceeding arises out of a grandparent-visitation matter. The Eto-wah County Circuit Court entered a final judgment divorcing T.R.S. (“the mother”) and S.D.S. (“the father”) and awarding sole custody of the parties’ child to the mother. R.S. and M.S., the child’s paternal grandparents (“the grandparents”), then filed a petition, pursuant to Ala.Code 1975, § 30-3-4.1, seeking to obtain rights to visitation with the child. The mother opposed the grandparents’ petition, alleging that visitation would not be in the child’s best interests; later, she lodged a due-process constitutional challenge to § 30-3-M.l, citing Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), in which the United States Supreme Court held unconstitutional a Washington statute that permitted trial courts in that state to grant rights of visitation to “any person” whenever visitation might serve the best interests of the child.
The trial court entered a judgment on October 25, 2000, granting the grandparents’ petition and overruling the mother’s constitutional challenge to § 30-3-4.1. On November 2, 2000, the mother filed a post-judgment motion, pursuant to Rule 59, Ala.R.Civ.P., attacking that judgment; on November 3, 2000, she filed a motion in the trial court to stay the order allowing grandparent visitation, pending that court’s ruling on her postjudgment motion “and any appeals she may pursue.” The trial court granted a stay through November 18, 2000, at 2:00 P.M., at which time, it directed, visitation should commence. The mother then petitioned this court for a writ of mandamus directing the trial court to extend its stay “until the posttrial motions and appeals if so needed are adjudicated.” This court, on November 16, 2000, issued a stay of the trial court’s judgment “pending further orders of the court”; we later directed the parties to file answers and briefs.
After considering the petition, the answer, and the briefs of the parties, we conclude that the writ of mandamus is
Accordingly, we deny the petition for the writ of mandamus, and we hereby vacate our temporary stay order of November 16, 2000. We emphasize that our decision is limited to the mother’s mandamus petition. See Ex parte Empire Fire & Marine Ins. Co., 720 So.2d 893, 895 (Ala. 1998).
STAY VACATED; WRIT DENIED.
. While Rule 8(b) provides that a stay ordinarily must first be sought in the trial court, the trial court has already, in effect, denied the mother’s motion for a stay pending the entirety of appellate proceedings, by limiting its stay to November 18; thus, the mother will be readily able to demonstrate, should she appeal from the judgment and request a stay from this court, that the trial court “has failed to afford the relief which [she] requested.”
Reference
- Full Case Name
- Ex Parte T.R.S. (In Re: S.D.S. v. T.R.S.).
- Cited By
- 7 cases
- Status
- Published