Juvenile or Family Courts handle a wide range of legal issues involving children and often include the Alabama Department of Human Resources (DHR). Juvenile law is different from divorce law and the deadlines and discovery available in such cases are very different.
A child may be alleged to be dependent when one or more of the following exist:
The child’s parent, legal guardian, legal custodian, or other custodian subjects the child or any other child in the household to abuse or allows the child to be so subjected.
The child is without a parent, legal guardian, or legal custodian willing and able to provide for the care, support, or education of the child.
The child’s parent, legal guardian, legal custodian, or other custodian neglects or refuses, when able to do so or when the service is offered without charge, to provide or allow medical, surgical, or other care necessary for the health or well-being of the child.
The child’s parent, legal guardian, legal custodian, or other custodian fails, refuses, or neglects to send the child to school in accordance with the terms of the compulsory school attendance laws of this state.
The child’s parent, legal guardian, legal custodian, or other custodian has abandoned the child.
The child’s parent, legal guardian, legal custodian, or other custodian is unable or unwilling to discharge his or her responsibilities to and for the child.
The child has been placed for care or adoption in violation of the law.
The child, for any other cause, is in need of the care and protection of the state.
Attorney Stephanie Pollard successfully appealed a Lee County Juvenile Court’s decision regarding a dependency award resulting in a written opinion by the Alabama Court of Civil Appeals finding that where a custodial parent was available and actively protecting the child the juvenile court lacked jurisdiction to make a finding of dependency. E.D. Jr. v. Lee County Dep’t of Human Resources, 266 So.3d 740 (Ala. Civ. App. 2018).
Our firm can help if your child has been taken from your custody due to allegations of dependency or if you feel that a child may be dependent and you want to gain custody of the child to protect him or her.
Call us today for a confidential consultation with a legal professional.
Our attorneys practice law in Auburn Alabama and the following surrounding areas: