Rel: June 26, 2026
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2025-2026
CL-2026-0049
A.A.
v.
C.H. and J.H.
Appeal from Jefferson Juvenile Court
(JU-25-648.01)
EDWARDS, Judge.
A.A. appeals from a judgment entered by the Jefferson Juvenile
Court ("the juvenile court") finding that he is not the presumed father of
A.Z.A.-H. ("the child"), finding the child dependent, and awarding
custody of the child to C.H. ("the maternal uncle") and J.H. ("the
CL-2026-0049
maternal aunt"). For the reasons set forth below, we reverse the juvenile
court's judgment and remand the case for additional proceedings.
It is undisputed that L.C.H. ("the mother") was the mother of the
child and that she developed metastatic brain cancer and died on March
31, 2025. On April 9, 2025, the maternal uncle and the maternal aunt
(collectively referred to as "the maternal custodians") filed a petition in
the juvenile court requesting that the child be declared dependent. In
that petition, the maternal custodians asserted that A.A. ("the putative
father") was the child's putative father and that he had "perpetrated a
fraud on the mother by attempting to enter a marriage with her" in May
2022 in the country of Georgia, despite the fact that the putative father
was already married.
The juvenile court appointed a guardian ad litem for the child and
awarded the maternal custodians pendente lite custody of the child. The
juvenile court held a hearing on the maternal custodians' dependency
petition on May 20, 2025. Following that hearing, the juvenile court
entered an order adjudicating the child dependent. That order does not
indicate that the child had a legal father, and the maternal custodians
appear to have been the only parties present at the hearing. The juvenile
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court's handwritten findings attached to the May 2025 order indicate
that the maternal custodians presented evidence to support their
assertion that the marriage of the mother and the putative father was a
nullity and that the putative father was not the legal father of the child.
On June 16, 2025, 27 days after the juvenile court entered the May
20, 2025, dependency order, the father filed a motion to reconsider or to
set aside that order based on his assertion that he was the child's
presumed father, that no effort had been made to contact him regarding
the child, that the child's maternal relatives had intentionally withheld
information from him to prevent him from contesting the dependency
petition, and that he had become aware of the dependency action on June
6, 2025.1 The juvenile court held a hearing on the putative father's
motion on July 28, 2025, and, on August 19, 2025, entered an order
setting aside the May 20, 2025, order and setting the case for a new trial.2
1We assume that the juvenile court treated this motion as being
made pursuant to Rule 60(b), Ala. R. Civ. P.
2In its order, the juvenile court noted that, in addition to
considering the parties' arguments at that hearing, it had attempted to
listen to a digital recording of the May 20, 2025, hearing but that the
recording device "was inoperable and did not record any hearings" on
May 20, 2025.
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The putative father, through his counsel, requested several continuances
of the setting of the new trial based on his inability to travel to the United
States from the United Arab Emirates ("the UAE"), where he was
employed as a professor. The putative father explained in his motions
and supporting documentation that he had been unable to obtain a visa
to travel to the United States because he had been indicted in Arizona for
sexual assault. The putative father also requested that he be permitted
to appear at the trial through a teleconferencing application. The
juvenile court granted some of the putative father's motions for a
continuance but denied his request to appear at the trial virtually.
The juvenile court held the new trial on November 13, 2025. The
putative father's counsel presented an oral motion at the beginning of the
trial, again requesting that the putative father be permitted to testify
through a teleconferencing application. The juvenile court denied that
motion. The maternal uncle offered the only testimony at trial. The
record reveals the following information.
The putative father is a citizen of Bosnia and Herzegovina, and, at
the time of the trial, he had been employed as a professor at the American
University of Sharah in the UAE for 16 years. The putative father had
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also been employed as a professor at Arizona State University ("ASU") at
some point before the birth of the child. As noted above, at the time of
the November 2025 trial, the putative father had been indicted for an
alleged sexual assault that had occurred during his tenure at ASU, and
it appears that a trial in that criminal case is scheduled for the summer
of 2026.3
The record indicates that the putative father was married to D.T.
before July 2022. In July 2022, the putative father and D.T. became
divorced by a judgment of the Coconino County Superior Court in Arizona
("the Arizona divorce judgment").4 The putative father was residing in
the UAE at the time of the entry of the Arizona divorce judgment.
The mother was a United States citizen and was born in Alabama.
It is unclear when the mother and the putative father began a romantic
3The record does not reveal any other facts concerning the putative
father's prosecution in Arizona. Comments made by the putative father's
counsel at the November 2025 trial suggest that the putative father was
indicted in Arizona at least five years before the child was born.
4That judgment awarded the putative father and D.T. joint legal
custody of their minor child and appears to have awarded sole physical
custody of that child to D.T., subject to the putative father's visitation
rights.
5
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relationship. However, it appears undisputed that the mother and the
putative father were cohabiting at the putative father's residence in the
UAE in May 2022. On May 20, 2022, the mother and the putative father
traveled to the country of Georgia and purported to enter into a marriage
contract. The record contains a marriage certificate purporting to marry
the mother and the putative father, and that certificate bears the stamp
of the Ministry of Justice of Georgia.5 Thus, it appears undisputed that
the mother and the putative father attempted to enter into a valid
marriage contract before the entry of the Arizona divorce judgment.
According to the maternal uncle, the mother did not learn of the putative
father's prior marriage until sometime in 2024. The putative father's
trial counsel appears to have conceded at the conclusion of the trial that
the putative father's marriage to the mother was invalid.
The child was born in the UAE on October 1, 2022. The child was
issued a United States Consular Report of Birth Abroad ("the consular
certificate") by the United States Department of State, certifying that the
5The record contains a copy of the marriage certificate that appears
to be translated into English and an original or copy of the marriage
certificate in Georgian.
6
CL-2026-0049
child was a United States citizen by birth. The child's UAE birth
certificate and the consular certificate list the putative father as the
child's father. The maternal uncle testified that, after the child was born,
the child resided in the putative father's residence with the putative
father and the mother. He further stated that the putative father
referred to the child as his daughter and that he was not aware of any
other individual who had held himself out as the child's father.
The maternal uncle testified that several maternal relatives had
visited the mother at the putative father's residence on two occasions in
2022, including one visit in November 2022, after the child was born. It
appears that the child resided with the mother and the putative father
in the UAE until she was between 16 and 18 months old. The maternal
uncle stated that the mother was diagnosed with metastatic brain cancer
shortly after the child was born. The mother and the child frequently
traveled between the UAE and the United States to obtain treatment for
the mother.6 According to the maternal uncle, the mother and the child
6The mother and the child stayed with the mother's parents when
they were in the United States for the mother's treatments.
7
CL-2026-0049
did not return to the UAE after April 2024 because of the mother's illness.
As discussed above, the mother died in March 2025.
After the mother's death, the child resided with the maternal
custodians, and she continued to reside with them at the time of the
November 2025 trial. The maternal uncle stated that he and the
maternal aunt had reared the child after the mother's death, including
placing the child on their insurance and overseeing her education.
The maternal uncle testified that he did not know whether the
putative father had provided the mother with financial support for her
cancer treatment or if he had financially supported the child while she
and the mother were in the United States. He asserted that the putative
father had not traveled to the United States to visit the child when the
mother was undergoing treatments or since the mother had died.
According to the maternal uncle, the putative father had communicated
with the mother during her treatments and had communicated with the
child through a videoconferencing platform. The maternal uncle stated
that the putative father had not communicated with the child in the six
months preceding the November 2025 trial. He also stated that, on the
occasions when the putative father had contacted the child since the
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mother's death, the putative father had become confrontational with the
maternal custodians over the case. The maternal uncle asserted that he
would not prevent the putative father from communicating with the child
if he wanted to do so in the future.
Following the presentation of this evidence, the juvenile court
orally adjudicated the child dependent and proceeded to the dispositional
phase of the dependency proceeding. The maternal uncle testified during
the dispositional phase that the mother had been concerned that the
putative father would attempt to obtain custody of the child and that the
mother had informed him that the putative father had hit her. He
further stated that the mother had recounted an incident during which
the mother had left the child in the putative father's care. According to
the maternal uncle, the putative father had told the mother upon her
return that he "could not handle" the child. The maternal uncle testified
that it was the mother's intent to attempt to permanently relocate the
child to the United States because of the putative father's behavior. He
opined that the putative father suffers from some form of post-traumatic
stress disorder caused by his upbringing during a civil war in Bosnia.
The maternal uncle stated that the putative father had engaged in
9
CL-2026-0049
threatening and harassing communication with the maternal relatives
regarding the child and that the putative father's mother had agreed that
it would be in "[the putative father's] best interest" for the child to remain
in the United States. The maternal uncle testified that he and the
maternal aunt were willing to undertake the rearing of the child.
On December 9, 2025, the juvenile court entered a factually detailed
judgment finding that the child was "dependent as the mother died on
March 31, 2025, leaving the child with no parent willing and/or able to
care for [the child]." The juvenile court found that the putative father
was not a presumed father pursuant to Ala. Code 1975, § 26-17-204, and
noted that it believed that the putative father had attempted to marry
the mother, despite knowing that he was still married to D.T., and, thus,
had not attempted to marry the mother "in apparent compliance with
[the] law." Based on that finding, the juvenile court explained that the
putative father's "illegal actions" prevented him from succeeding in his
presumptive-paternity argument. The juvenile court further noted that,
pursuant to § 26-17-204(5), the putative father similarly failed to
establish a presumption of paternity because there was no "concrete
evidence" indicating that the putative father had openly held the child
10
CL-2026-0049
out as his own or had established a significant relationship with the child.
Specifically, the juvenile court found
"[t]hat there was no testimony offered by the [putative] father
or any witnesses of the [putative] father. The only testimony
offered [at trial] was [from] the maternal uncle/petitioner,
who testified that the mother and [the] child did go back and
forth occasionally to visit [the putative father]. There was no
concrete testimony or proof offered that suggested that [the
putative father] received the child into his home on these
visits and openly held the child out to be his own. There was
no proof that [the] child has ever been to his home. There was
no proof that [he] established a significant parental
relationship with the child. There was no proof that [the
putative father] had ever supported [the] child emotionally or
financially before the death of the mother. There is
undisputed proof that at least since the mother's death in
March 2025 that [the putative father] has provided absolutely
no emotional or financial support for the child. The only proof
of any attempt to have a relationship with the child since the
death of the mother is the attempts made by [the putative
father] to have some telephone contact with the child but that
the last of those attempts ha[d] turned into a dispute with the
maternal uncle about this case."
Based on those findings, the juvenile court determined that the putative
father was not the "presumed/legal father" of the child. Having found the
child dependent because she was "without a parent to care for" her, the
juvenile court awarded custody of the child to the maternal custodians.
On December 23, 2025, the putative father filed a postjudgment
motion directed to the December 9, 2025, judgment. In that motion, the
11
CL-2026-0049
putative father again argued that he was the presumptive father of the
child pursuant to § 26-17-204. The juvenile court denied the putative
father's motion without holding a hearing. The putative father appeals.
The putative father's arguments on appeal solely concern whether
the juvenile court erred in determining that he was not the child's
presumed father pursuant to § 26-17-204(a). That Code section provides,
in relevant part:
"A man is presumed to be the father of a child if:
"(1) he and the mother of the child are
married to each other and the child is born during
the marriage;
"….
"(3) before the birth of the child, he and the
mother of the child married each other in apparent
compliance with law, even if the attempted
marriage is or could be declared invalid, and the
child is born during the invalid marriage or within
300 days after its termination by death,
annulment, declaration of invalidity, or divorce;
"….
"(5) while the child is under the age of
majority, he receives the child into his home and
openly holds out the child as his natural child or
otherwise openly holds out the child as his natural
child and establishes a significant parental
12
CL-2026-0049
relationship with the child by providing emotional
and financial support for the child…."
As a preliminary matter, we note that the putative father contests
the juvenile court's jurisdiction to declare his marriage to the mother
void. We note that, contrary to the putative father's assertions in his
brief, the juvenile court did not declare the putative father's marriage to
the mother void. In fact, the juvenile court itself readily acknowledged
its lack of jurisdiction to void the marriage in its December 9, 2025,
judgment. However, in order to determine whether the child was
dependent, the juvenile court was required to determine whether the
putative father was the child's legal father. To that end, the juvenile
court necessarily had to examine the validity of the putative father's
marriage to the mother to determine (1) whether the putative father was,
in fact, married to the mother when the child was born and (2) if he was
not, whether the putative father's marriage to the mother was "in
apparent compliance with law even if the attempted marriage [was] or
13
CL-2026-0049
could be declared invalid, and the child [was] born during the invalid
marriage."7
The putative father next argues that the juvenile court erred in
determining that he was not the presumed father of the child. He
contends that the evidence supports a conclusion that he is the presumed
father of the child either because the child was born during his marriage
to the mother or his attempt to marry the mother in apparent compliance
with law or because he had held the child out as his natural child and
had received the child into his home. § 26-17-204(a)(1), (3), and (5).
"This court does not reweigh the evidence but, rather,
determines whether the findings of fact made by the juvenile
court are supported by evidence that the juvenile court could
have found to be clear and convincing. See Ex parte T.V., 971
So. 2d 1, 9 (Ala. 2007). When those findings rest on ore tenus
evidence, this court presumes their correctness. Id. We
review the legal conclusions to be drawn from the evidence
without a presumption of correctness. J.W. v. C.B., 68 So. 3d
878, 879 (Ala. Civ. App. 2011)."
7We also note that the juvenile court had jurisdiction over the initial
dependency action and the contemporaneous issue of the putative
father's paternity of the child. See Ala. Code 1975, § 12-15-115(a)(1)(6)
(providing that the original jurisdiction of juvenile courts includes
dependency actions and "[p]roceedings to establish parentage of a child
pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title
26").
14
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K.S.B. v. M.C.B., 219 So. 3d 650, 653 (Ala. Civ. App. 2016).
We begin by observing that the putative father's argument, as it
was presented in his pleadings before the juvenile court, is that he was
married to the mother when the child was born and that, even if the
juvenile court determined that the marriage could have been voided, he
and the mother had attempted to marry in apparent compliance with the
law. Thus, although the juvenile court was without jurisdiction to void
the putative father's marriage to the mother, as it acknowledged in its
December 9, 2025, judgment, it necessarily had to determine whether the
putative father's marriage to the mother was a valid marriage, thus
satisfying § 26-17-204(a)(1), or whether the marriage could be void but
had been entered into in "apparent compliance with law," which would
satisfy § 26-17-204(a)(3). At the trial, the putative father's counsel
appears to have conceded that the maternal custodians had presented
sufficient evidence that the putative father's marriage to the mother was
invalid. Thus, the putative father cannot now argue that he had entered
into a valid marriage with the mother at the time of the child's
birth. Morris Concrete, Inc. v. Warrick, 868 So. 2d 429 (Ala. Civ. App.
2003) (finding that a concession by trial counsel that testimony at trial,
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if believed, could support a count of negligence and could not then be
argued as a ground of reversal on appeal); see also Atkins v. Lee, 603 So.
2d 937, 945 (Ala. 1992) ("A party may not predicate an argument for
reversal on 'invited error,' that is, 'error into which he has led or lulled
the trial court' " (quoting Dixie Highway Express, Inc. v. Southern Ry.,
286 Ala. 646, 651, 244 So. 2d 591, 595 (1971), and citing State Farm Mut.
Auto. Ins. Co. v. Humphres, 293 Ala. 413, 418, 304 So. 2d 573, 577
(1974))). Even had the putative father not conceded that issue, it appears
that the juvenile court correctly found that it was undisputed that the
putative father married the mother before the entry of the Arizona
divorce judgment. Alabama law does not permit bigamy.8 See Ala. Code
1975, § 13A-13-1 ("A person commits bigamy when he intentionally
contracts or purports to contract a marriage with another person when
he has a living spouse."); see also Callaway v. Callaway, 739 So. 2d 1134
(Ala. Civ. App. 1999). Thus, the juvenile court properly found that there
was sufficient evidence to determine that the putative father's marriage
8Section 26-17-103(b), Ala. Code 1975, provides that Alabama
courts are to apply Alabama law in adjudicating the parent-child
relationship.
16
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to the mother could be voided by a court with the jurisdiction to do so and
that § 26-17-204(a)(3), and not § 26-17-204(a)(1), was applicable to the
present case.
Contrary to the maternal custodians' and the guardian ad litem's
arguments on appeal, the fact that the purported marriage between the
putative father and the mother could have been voided does not preclude
the putative father from being the child's presumed father. We next
consider whether the putative father's marriage to the mother, although
possibly invalid, was made "in apparent compliance with law." § 26-17-204(a)(3). Neither this court nor our supreme court has interpreted that
particular provision of § 26-17-204(a)(3). The putative father directs this
court to In re Adoption of C.C., 491 P.3d 859 (Utah 2021), a case in which
the Utah Supreme Court interpreted former Utah Code § 78B-15-204(1)(c), now § 81-5-204(1)(c), which is essentially identical to § 26-17-204(a)(3).
In In re Adoption of C.C., J.S.P. attempted to marry K.C. in New
Hampshire in 2013 and, as part of that marriage, received a marriage
license, participated in a marriage ceremony, and received "a certificate
evidencing the 'fact of the[ir] marriage.' " Id. at 861. However, K.C. was
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CL-2026-0049
married to another man at the time of her attempted marriage to J.S.P.,
and, thus, her marriage to J.S.P. was bigamous, and "invalid ab initio --'absolutely void without any legal proc ess.' " Id. at 865. K.C. separated
from J.S.P. in late 2016 and gave birth to C.C., J.S.P.'s biological
daughter, in Utah in August 2017. Two days after C.C.'s birth, K.C.
signed a relinquishment of her parental rights and consent for C.C.'s
adoption by prospective adoptive parents. K.C. attested in her
relinquishment and consent that she was unmarried, a statement made
in apparent recognition that her marriage to J.S.P. was invalid, but that
J.S.P. was the potential father of C.C.
Utah adoption law, like that of Alabama, requires the consent of
the presumed father of a child for a valid adoption. See Utah Code § 81-13-212(1)(b); Ala. Code 1975, § 26-10E-7(a). The trial court in In re
Adoption of C.C. found that J.S.P. was not C.C.'s presumed father. The
Utah Supreme Court concluded that the trial court's finding was
erroneous, explaining that
"[a] presumed father's statutory status cannot be defeated by
a determination that the marriage was invalid or void at the
outset. That is clear from the plain language of the statute,
which provides that presumed fatherhood arises from an
'attempted marriage' in 'apparent compliance with law' --18
CL-2026-0049
'even if' such 'attempted marriage is or could be declared
invalid.' "
Id. at 865 (quoting former Utah Code § 78B-15-204(1)(c)).
The Utah Supreme Court held in In re Adoption of C.C. that the
2013 marriage between J.S.P. and K.C. was entered into "in apparent
compliance with law," interpreting that phrase as follows:
"Perhaps there is ambiguity in some of the statutory words
when read in isolation. Sometimes apparent means 'obvious'
or 'manifest.' ... And in that sense, the 2013 marriage was
not in 'apparent compliance with law.' But we do not interpret
statutory words in isolation. We read them in context. ... And
here the context forecloses the 'obvious' or 'manifest' sense of
apparent. The statute is using apparent in the alternative
sense of 'ostensible' or 'seeming.' ... That is clear from the
above-noted fact that a presumed father's statutory status
arises from an 'attempted marriage' even if it 'is or could be
declared invalid.'
"An attempted marriage is thus in 'apparent
compliance' with the law where it is entered into in ostensible
or seeming compliance with the law. That requirement is met
where the would-be spouses apply for and receive a marriage
license and procure an official certificate of marriage."
Id. at 865. In addition, the Utah Supreme Court rejected "as
incompatible with the governing statute" the argument that J.S.P. was
not C.C.'s presumed father because "at least one (if not both) of the
parties to the 2013 attempted marriage knew that it was not in 'apparent
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compliance' with the law," noting that, although some "related provisions
of law … prescribe a requirement of knowledge or good faith belief of a
spouse," former § 78B-15-204(1)(c) contained no such requirement, and it
declined to "graft one onto it." Id. at 866.
Although we are not bound by Utah's interpretation of its former §
78B-15-204(1)(c), now § 81-5-204(1)(c), we note that the Utah statute and
Alabama's § 26-17-204(a)(3) are part of each state's respective versions of
the Uniform Parentage Act ("the UPA").9 We are cognizant that, "[i]n
applying and construing [the UPA], consideration must be given to the
need to promote uniformity of the law with respect to its subject matter
among states that enact it." Ala. Code 1975, § 26-17-901. Our review of
the caselaw of those states that have adopted the UPA reveals only one
other case -- Steven N. v. Priscilla C., 119 Cal. App. 5th 639, 342 Cal.
Rptr. 3d 796 (2026), review filed (May 5, 2026) -- that has meaningfully
considered the phrase "in apparent compliance with law" as used in the
UPA. In Steven N., the California Court of Appeal largely adopted the
9Alabama's UPA is codified at Ala. Code 1975, § 26-17-101 et seq.;
Utah's UPA is codified at Utah Code § 81-5-101 et seq.
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reasoning of the Utah Supreme Court in In re Adoption of C.C. and held
that a
" 'presumed parent and the child's natural mother have
attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the attempted
marriage is or could be declared invalid,' under [Cal. Fam.
Code §] 7611, subdivision (b)[, California's analog to
Alabama's § 26-17-204(a)(3),] where they have applied for and
received a marriage license and procured an official certificate
of marriage."
119 Cal. App. 5th at 664, 342 Cal. Rptr. 3d at 815.
We find the Utah Supreme Court's analysis in In re Adoption of
C.C. to be persuasive. The maternal custodians urge this court to apply
a version of the "clean-hands doctrine" to this case and determine that
the putative father's knowledge that he was still married to D.T. when
he attempted to marry the mother should prevent the putative father
from claiming that he married the mother in apparent compliance with
the law. However, nothing in § 26-17-204(a)(3) imposes a knowledge or
good-faith requirement on either party to the attempted marriage, and
we decline to create such a requirement in the absence of legislative
direction. Moreover, the maternal custodians do not direct this court to
authority to support their argument that we should apply the clean21
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hands doctrine to the phrase "in apparent compliance with law"
contained in § 26-17-204(a)(3), and our research has not revealed such
authority. Accordingly, we conclude that "[a]n attempted marriage is
thus in 'apparent compliance' with the law where it is entered into in
ostensible or seeming compliance with the law. That requirement is met
where the would-be spouses apply for and receive a marriage license and
procure an official certificate of marriage." In re Adoption of C.C., 491
P.3d at 865.
The record is silent as to whether the putative father and the
mother applied for a marriage license in the country of Georgia. In fact,
the record is silent as to whether the putative father and the mother even
had to acquire such a license in the country of Georgia, and Alabama
courts cannot take judicial notice of the laws of other jurisdictions. See
Constantine v. Constantine, 261 Ala. 40, 42, 72 So. 2d 831, 832 (1954).
However, it is clear that the putative father and the mother received an
authorized marriage certificate that was issued by the appropriate
authority in the country of Georgia. That document appears in the
record, and the maternal custodians do not question its validity. Thus,
we conclude that the putative father and the mother were married "in
22
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apparent compliance with law" and therefore that the juvenile court
erred in finding that the putative father was not the child's presumed
father pursuant to § 26-17-204(a)(3).10
We note that, even if the juvenile court's judgment was correct with
respect to § 26-17-204(a)(3), we would still find error in its finding that
the putative father had not openly held out the child as his own and had
not received the child into his home. Initially, we note that the plain
language of § 26-17-204(a)(5) clearly indicates that one may be a
presumed father of a child if "he receives the child into his home and
openly holds out the child as his natural child" or, in the alternative,
"otherwise openly holds out the child as his natural child and establishes
a significant parental relationship with the child by providing emotional
and financial support for the child." The putative father asserts that he
received the child into his home and that he openly held out the child as
10We note that our supreme court found that Alabama's former
version of the UPA had the "obvious objectives" of "provid[ing] for the
psychological stability and general welfare of the child and [affording]
legitimacy to children whenever possible." Ex parte C.A.P., 683 So. 2d
1010, 1012 (Ala. 1996) (emphasis added). We believe that Alabama's
current version of the UPA maintains the objective of affording
legitimacy to children whenever possible. Our interpretation of § 26-17-204(a)(3) is in line with that objective.
23
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his natural child. The maternal uncle stated that no other individual has
claimed to be the child's father, and it appears that the mother believed
that the putative father was the child's biological father. The maternal
uncle's testimony indicates that the putative father had referred to the
child as his daughter, and the record indicates that the child and the
putative father have the same surname.11 The record also indicates that
the mother and the child resided with the putative father in the UAE
between 16 and 18 months, although the mother and the child traveled
back and forth to the United States for the mother's medical treatments.
Also, according to the maternal uncle, the putative father consistently
participated in videochats with the child until the mother's death. Thus,
we conclude that the juvenile court's judgment determining that the
putative father was not the child's presumed father pursuant to § 26-17-204(a)(5) is not supported by the evidence.
Having determined that the juvenile court erred in finding that the
putative father was not the child's presumed father, we reverse the
11We also note that there does not appear to be any assertion by the
maternal custodians that the putative father is not the child's biological
father. However, neither side presented that argument before the
juvenile court or before this court on appeal.
24
CL-2026-0049
juvenile court's December 9, 2025, judgment insofar as it found that the
putative father was not the child's presumed father. Because the juvenile
court erroneously found that the putative father was not the child's
presumed father, it did not make a finding of dependency with respect to
the putative father. Accordingly, we remand the case to the juvenile
court to determine whether the child is dependent as to the putative
father.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Moore, P.J., and Hanson, Fridy, and Bowden, JJ., concur.
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