T.K. v. M.G.
T.K. v. M.G.
Opinion of the Court
WRIT QUASHED. NO OPINION.
Concurring Opinion
(concurring specially).
This Court granted the petition for cer-tiorari review in this case to consider the issue whether the dispute presented was merely a custody dispute between two parents, as to which the juvenile court would not have had jurisdiction, or, in fact, was a dependency proceeding, as to which the juvenile court would have had jurisdiction. See Ala.Code 1975, § 12-15-114(a) (“A dependency action shall not include a custody dispute between parents.”); § 12-15-102(8)a.2. (defining a “dependent child” as a child “[w]ho is without a parent ... willing and able to provide for the care, support, or education of the child.” (emphasis added)); and T.K. v. M.G., 82 So.3d 1, 6 (Ala.Civ.App. 2011) (Moore, J., dissenting). Of particular relevance to this case is the fact that
“dependency is a status created by law that either is true of a child or is not. That is, either a child is dependent or it is not. A child cannot be dependent visa-vis one parent but not dependent as to the other parent. If the child is not dependent ‘as to one parent,’ then the child is not dependent.”
Ex parte W.E., 64 So.3d 637, 638 (Ala. 2010) (Murdock, J., concurring specially).
The concerns expressed by Judge Moore in his dissenting opinion below are critical
Reference
- Full Case Name
- Ex parte T.K. (In re T.K. v. M.G.)
- Cited By
- 3 cases
- Status
- Published