Rel: September 25, 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
SPECIAL TERM, 2026
CL-2026-0264 and CL-2026-0265
T.W.
v.
J.A.S.-O.
Appeals from Elmore Juvenile Court
(JU-21-174.04 and JU-21-174.05)
MOORE, Presiding Judge.
T.W. ("the father") appeals from two substantially identical
judgments entered by the Elmore Juvenile Court ("the juvenile court")
terminating his parental rights to D.L.W. ("the child"), who was born on
December 16, 2020. We affirm the juvenile court's judgments.
CL-2026-0264 and CL-2026-0265
Procedural History
The father and B.H. ("the mother") are the parents of the child and
an older child, R.M.W. ("the child's sibling"). J.A.S.-O. ("the paternal
aunt") is the father's stepsister, and she is married to D.C.O. ("the
paternal uncle"). On December 18, 2025, the paternal aunt commenced
two separate actions by filing a verified petition seeking to terminate the
mother's parental rights and a verified petition seeking to terminate the
father's parental rights to the child. The juvenile court conducted a bench
trial on both petitions on March 18, 2026. On March 31, 2026, the
juvenile court entered substantially identical judgments in both actions
terminating the parental rights of the father and of the mother to the
child.1
In the judgments, the juvenile court expressly found the father's
testimony credible and found that he was "currently drug free and on the
right path." However, the juvenile court also found clear and convincing
evidence indicating that the father had abandoned the child, that he was
unwilling or unable to discharge his responsibilities to and for the child,
1The mother has not appealed, so we focus the remainder of this
opinion on the termination of the father's parental rights.
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that he had failed to maintain regular visits with the child, that he had
failed to maintain consistent contact or communication with the child,
that he had failed to provide regular support for the child, and that he
had failed to adjust his circumstances to meet the child's needs. The
juvenile court further found clear and convincing evidence indicating that
"there is no actual parental relationship in this case" and determined
that terminating the father's parental rights served the child's best
interests. The father appealed.
The Evidence
The record reveals the following. On July 8, 2021, the Elmore
County Drug Task Force searched the family home, in which the father
resided with the mother, the child, and the child's sibling, and confiscated
suspected marijuana and narcotics equipment. The Elmore County
Department of Human Resources ("DHR") was notified, and the child and
the child's sibling were removed from the home pending further
investigation. DHR implemented a safety plan on July 9, 2021. The
paternal aunt testified that the child was placed in her care under that
safety plan and that the child had remained exclusively in her care since
his removal from the parents' custody.
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The father, the mother, the child, and the child's sibling underwent
hair-follicle drug testing during DHR's investigation. The results of those
tests showed that the father tested positive for amphetamine and
methamphetamine and that the child's sibling tested positive for
methamphetamine; the child's test, which was initially pending, later
returned a positive result for amphetamine, methamphetamine,
cannabinoid, and tetrahydrocannabinol. In September 2021, the father
was arrested on two counts of chemical endangerment of a child.
DHR and the paternal aunt commenced separate dependency
proceedings relating to the child, and, on November 16, 2021, the juvenile
court awarded DHR protective supervision over the child. On March 28,
2022, the juvenile court entered identical judgments in the dependency
actions, awarding custody of the child to the paternal aunt, noting that
the child had been living with her for approximately eight months, and
relieving DHR of protective supervision. In those judgments, the juvenile
court also stated that the conditions of the father's criminal bond
"preclude[d] parental contact" with the child.
The record reflects that the father entered a plea agreement on
January 23, 2023, pursuant to which he pleaded guilty to two counts of
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endangering the welfare of a child, a Class A misdemeanor, see § 13A-13-6(c), Ala. Code 1975, and second-degree theft. On February 21, 2023, the
Elmore Circuit Court entered a sentencing order placing the father on 24
months of supervised probation.
At the trial, the father testified that he understood that, as a
condition of his bond, he was prohibited from having contact with the
child and the child's sibling. When asked whether that prohibition had
ended or remained in effect, the father responded that he did not know.
The father testified that, while he was on probation, he had failed
multiple drug tests and had received two 45-day jail sanctions for
probation violations. He further testified that his probation had been
extended by eight months following one violation and by six months
following another. At the time of the termination-of-parental-rights trial,
the father remained on probation; he testified that he was complying with
his probation requirements and that his probation officer received
monthly reports concerning his progress and drug testing.
The father testified that, on April 29, 2025, after contacting his
probation officer and expressing that he wanted to stop the cycle of failed
drug tests, arrests, and substance abuse, he had voluntarily entered a 12-5
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month inpatient substance-abuse-treatment program at the Center of
Hope. He testified that he had failed the drug test that was administered
to him at intake but that he had passed every subsequent drug test
administered there and that he had been sober for approximately 11
months at the time of the termination trial.
The father also testified that, while at the Center of Hope, he had
completed a parenting program and had obtained WorkKeys and OSHA
credentials. He anticipated completing the Center of Hope program on
April 26, 2026, approximately one month after the termination trial.
The father testified that he had started a job with a landscaping
company the day before the termination trial and that he hoped the job
would provide 40 hours of work each week. The father also testified that
his former employer in Elmore County was willing to give him a full-time
job if he returned to Elmore County. The father testified that, upon his
completion of the Center of Hope program, he planned to stay with his
father until he could save enough money to obtain his own residence,
although he acknowledged that he had not necessarily discussed that
plan with his father. The father did not have a valid driver's license at
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the time of the trial and testified that he needed $610 to have his license
reinstated.
Regarding his ability to leave the Center of Hope, the father
explained that, after six months, residents become eligible for one
weekend pass a month and that, by the fourth phase of the program,
residents are eligible for a pass every weekend. He testified that, at the
time of the termination trial, he was in the "transition phase" and could
return home on weekends so long as he complied with the program's
requirements, including paying the drug-testing fee associated with his
return to the facility at the end of the weekend. The father testified that,
by the time of the termination trial, he was going home on passes "almost
every weekend" to see the child's sibling and had spent entire weekends
with her at the paternal grandfather's home. He also testified that he
had initially telephoned the child's sibling on Wednesdays and Sundays
of each week, but, he said, he had recently been given his cellular
telephone back, so he expected that he would be talking to her by
telephone almost every day.
The father's contact with the child was substantially more limited.
He testified that he had seen the child no more than three times since
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the child was approximately six or seven months old. The father recalled
having seen the child on someone's birthday, but he could not recall
whether it had been the child's birthday or the child's sibling's birthday
or precisely when that encounter had occurred. He also recalled having
seen the child at Christmas in either 2021 or 2022 and again on
Christmas Day in 2025. The paternal aunt testified that the father's
encounter with the child at Christmas in 2022 had been unexpected
because she had not known that the father would be at the paternal
grandparents' home when they visited.
The father testified that he had not had the paternal aunt's or the
paternal uncle's telephone number since approximately 2022, and he
agreed that, at the time of the termination trial, there had been no
contact between him and the paternal aunt and paternal uncle for
approximately four years. He testified that he had believed for a long
time that his contact with the child was prohibited by his bond and that
he had later believed that the paternal aunt and the paternal uncle did
not want him to have a relationship with the child. The paternal aunt,
however, testified that she had offered the father an opportunity to speak
with the child on Father's Day in approximately 2023 and had also
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offered him an opportunity to contact the child on one of the father's
birthdays. The father stated that, during the year preceding the trial, he
could have asked his father or stepmother for the paternal aunt's or the
paternal uncle's telephone number but that he had not done so.
The father acknowledged that he had not filed anything seeking
custody of or visitation with the child. He explained that he had been
waiting until he had completed the 12-month program at the Center of
Hope and returned home before he requested visitation with the child
because, he said, he did not want to seek involvement with the child while
he remained at risk of returning "dirty" and failing the child again. He
also testified that he had not sent the child photographs or cards. The
father testified that he had not been in a position to provide financial
support for the child because he had been "deep in addiction" and that,
when he had obtained money, it had gone toward purchasing drugs.2
The father testified that he wanted to become a father in the child's
life and to reestablish a relationship with him. He also testified that, if
his parental rights were not terminated, he intended to provide financial
2The juvenile court expressly found that the father had not been
ordered to pay child support for the child.
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support for the child. At the same time, the father agreed that the
paternal aunt and the paternal uncle had taken good care of the child
and that the child should remain with them until he could "get on [his]
feet and be able to support him." The father further acknowledged that
the paternal aunt and the paternal uncle were the only parents that the
child knew and that he had not been a parental figure in the child's life
for as long as the child could remember.
After the paternal aunt filed the termination petitions on December
18, 2025, the father saw the child at the paternal grandparents' home on
Christmas Day in 2025. The father and the paternal aunt testified that
the family had arranged for the paternal aunt and the paternal uncle to
bring the child to the paternal grandparents' home on Christmas
morning so that the father could see the child.
By the time of the trial, the paternal aunt and the paternal uncle
had raised the child for almost his entire life, and the paternal aunt
testified that her home was the only home that the child remembered.
The child refers to the paternal aunt and the paternal uncle as his mother
and father and to the father as "Uncle T." Both the paternal aunt and
the paternal uncle testified that they intended to adopt the child if the
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parents' parental rights were terminated. The paternal aunt also
testified that adoption was the reason that she had sought termination
of the parents' parental rights, and she later identified the child's
different surname and his approaching school attendance as
circumstances that she believed would complicate his family situation.
The paternal aunt testified that she was aware that the father had
been participating in substance-abuse treatment for nearly a year. She
nevertheless expressed concern that the father could relapse after
completing treatment and testified that one year in rehabilitation did
not, in her view, demonstrate that he could maintain sobriety over the
long term. The paternal uncle, by contrast, said that he had heard only
good things about the father's recovery and, when questioned concerning
the possibility of relapse, indicated that he did not then have a concern
about the father's drug use. He also testified that he did not know the
father that well.
The paternal aunt testified that, if the termination of parental
rights was denied, she would continue caring for the child and meeting
his physical, medical, educational, and financial needs. She also testified
that the father posed no present threat to the child. When asked how the
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termination of parental rights would benefit the child, she testified that
the existing situation caused stress for the adults but that she did not
believe the child himself was stressed. She further testified that,
regardless of whether the parents' parental rights were terminated, the
child would remain happy, loved, and cared for and that his life would
remain essentially the same. She also confirmed that the child would
have stability whether or not her petition was granted.
The paternal aunt testified that she did not intend to prevent the
father from having contact with the child if his parental rights were
terminated. She testified that she would initially require supervised
contact between the father and the child because of safety concerns but
that she could foresee those concerns being remedied with time and
unsupervised contact becoming possible. She nevertheless testified that
the father could have a relationship with the child only as "Uncle T." and
not as the child's father.
The paternal uncle testified that the child's medical care, emotional
care, safety, family support, food, and clothing would continue regardless
of whether the parents' parental rights were terminated. When asked
what would change if the parents' parental rights were terminated, the
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paternal uncle identified the contemplated adoption and a change of the
child's surname. The paternal uncle later acknowledged that the child
already had stability and testified that termination would not make the
child more stable or materially change his physical needs but that it
would provide "clarity." The paternal uncle also stated that he had no
reason to believe that the father posed a danger or safety risk to the child
and later testified that he could not identify a current threat that the
father would pose by having contact with the child.
Issues
The father raises four arguments on appeal. First, he argues that
the evidence did not establish that, at the time of the trial, he was unable
or unwilling to discharge his parental responsibilities. Second, he
challenges the juvenile court's finding of abandonment. Third, he argues
that the evidence did not establish that termination served the child's
best interests. Fourth, the father contends that maintaining the status
quo was a viable alternative to terminating his parental rights. Because,
as explained below, clear and convincing evidence supports the juvenile
court's finding of abandonment, we pretermit discussion of the father's
fourth argument. See W.W. v. H.W., 384 So. 3d 663, 670 (Ala. Civ. App.
13
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2023) (recognizing that, once abandonment is established, a juvenile
court is not required to consider viable alternatives to termination).
Standard of Review
A judgment terminating parental rights must be supported by clear
and convincing evidence, which is " ' " [e]vidence that, when weighed
against evidence in opposition, will produce in the mind of the trier of fact
a firm conviction as to each essential element of the claim and a high
probability as to the correctness of the conclusion. " ' " C.O. v. Jefferson
Cnty. Dep't of Hum. Res., 206 So. 3d 621, 627 (Ala. Civ. App. 2016)
(quoting L.M. v. D.D.F., 840 So. 2d 171, 179 (Ala. Civ. App. 2002), quoting
in turn Ala. Code 1975, § 6-11-20(b)(4)). On appeal, this court reviews
the juvenile court's factual findings to determine if they are supported by
sufficient evidence.
" '[T]he evidence necessary for appellate
affirmance of a judgment based on a factual
finding in the context of a case in which the
ultimate standard for a factual decision by the
trial court is clear and convincing evidence is
evidence that a fact-finder reasonably could find to
clearly and convincingly … establish the fact
sought to be proved.'
"KGS Steel[, Inc. v. McInish], 47 So. 3d [749] at 761 [(Ala. Civ.
App. 2006)].
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"… [F]or trial courts ruling … in civil cases to which a
clear-and-convincing-evidence standard of proof applies, 'the
judge must view the evidence presented through the prism of
the substantive evidentiary burden[,]' [Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 254 (1986)]; thus, the appellate
court must also look through a prism to determine whether
there was substantial evidence before the trial court to
support a factual finding, based upon the trial court's
weighing of the evidence, that would 'produce in the mind [of
the trial court] a firm conviction as to each element of the
claim and a high probability as to the correctness of the
conclusion. ' § 25-5-81(c)[, Ala. Code 1975]."
Ex parte McInish, 47 So. 3d 767, 778 (Ala. 2008). 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).
Current Conditions
The father first argues that the evidence did not establish that, at
the time of the trial, he was unable or unwilling to discharge his parental
responsibilities. He emphasizes his sobriety, his rehabilitation at the
Center of Hope, his improved circumstances, and the juvenile court's
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express findings that his testimony was credible and that he was
"currently drug free and on the right path." The father's brief, pp. 19-23.
Section 12-15-319(a), Ala. Code 1975, is phrased in present and
future terms. A juvenile court may terminate parental rights only when
it is convinced that the parent is currently unable or unwilling to
discharge his or her parental duties properly and that the conduct or
condition of the parent is likely to persist into the foreseeable future.
K.W. v. Lee Cnty. Dep't of Hum. Res., 390 So. 3d 1080, 1089 (Ala. Civ.
App. 2023). Although a parent's past conduct, standing alone, does not
authorize termination, that conduct remains relevant in assessing the
parent's current conduct and condition and in predicting whether the
conduct or condition is likely to continue into the foreseeable future. Id.
The father relies on A.A. v. Jefferson County Department of Human
Resources, 278 So. 3d 1247 (Ala. Civ. App. 2018), for the proposition that
his history of substance abuse, standing alone, did not establish a current
drug problem rendering him unable to parent the child. In A.A., the
mother in that case had a history of drug use and unsuccessful substanceabuse treatment, but she had pursued additional drug treatment while
residing at treatment facilities during the seven months preceding the
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trial, and there was no affirmative evidence indicating that she was using
drugs at the time of the trial. Id. at 1253. This court concluded that the
juvenile court could not have been clearly convinced that relapse was so
likely or imminent that the mother in that case should have been
considered to have a current drug problem interfering with her ability to
properly care for her child. Id.
Likewise, the father's historical substance abuse, standing alone,
could not establish that he continued to have a current drug problem at
the time of the trial. As the juvenile court determined, the father's
rehabilitation efforts were laudable. By the time of the trial, the father
had remained sober for approximately 11 months, had completed a
parenting program, had obtained WorkKeys and OSHA credentials, and
was approximately one month from completing the Center of Hope
substance-abuse program. The juvenile court expressly found the
father's testimony credible and found that he was "currently drug free
and on the right path."
That conclusion, however, does not resolve whether the father had
become able to discharge his parental responsibilities by the time of the
trial. Although the father had made substantial progress, he remained
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in the Center of Hope program. His first day of paid employment with
the landscaping company was the day before the trial, and he testified
that he hoped that that job would provide him with 40 hours of work each
week. The father also testified that his former employer in Elmore
County was willing to give him another opportunity if he returned to live
in Elmore County. That potential employment depended on his
returning to Elmore County, and, at the time of the trial, the father did
not have a valid driver's license. The father planned to stay with the
paternal grandfather after completing the 12-month Center of Hope
program, although he acknowledged that he had not necessarily
discussed that plan with the paternal grandfather. Most significantly,
the father testified that the child should remain with the paternal aunt
and the paternal uncle until he could "get on [his] feet and be able to
support him."
As commendable as the father's progress was, the circumstances
discussed above existed at the time of the trial; they were not merely
historical deficiencies associated with his prior substance abuse.
Although the evidence demonstrated that the father desired to become
involved in the child's life, the juvenile court reasonably could have been
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clearly convinced that he had not yet become able to discharge his
parental responsibilities to the child. See K.W., 390 So. 3d at 1090
(recognizing that whether a parent has " 'truly and completely
rehabilitated so as to resume the custody of a child is a question of fact
to be determined by the juvenile court' " (citation omitted)). We therefore
conclude that the father's first argument does not warrant reversal.
Abandonment
The father next challenges the juvenile court's finding of
abandonment. He argues that the conditions of his criminal bond, his
periods of incarceration, and his substance-abuse struggles and
treatment provided good cause or excuse for significant periods of his
absence from the child's life and bear on whether his conduct was
voluntary and intentional.
Section 12-15-301(1), Ala. Code 1975, defines "abandonment," in
pertinent part, as a voluntary and intentional relinquishment of custody;
a withholding, without good cause or excuse, of a parent's presence, care,
love, protection, maintenance, or opportunity for filial affection; or a
failure to claim parental rights or to perform parental duties. When
abandonment continues for the four months immediately preceding the
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filing of a termination petition, Ala. Code 1975, § 12-15-319(d), creates a
rebuttable presumption that the parent is unable or unwilling to act as a
parent.
We first consider the father's reliance on the conditions of his
criminal bond. The March 28, 2022, dependency judgments stated only
that the then-current conditions of the father's criminal bond "preclude
parental contact" with the child. However, the exhibits relating to the
father's criminal proceedings did not establish the terms or duration of a
specific condition prohibiting contact. The father testified that he
understood that a condition of his bond prohibited contact with both the
child and the child's sibling and that, at the time of the trial, he did not
know whether that prohibition had ended. He also testified, however,
that the bond condition was only part of the reason he had not
maintained contact with the child and that his continuing substance
abuse was another reason.
The father also asserts on appeal that his February 2023 sentencing
relieved him of the bond conditions "by operation of law." The father's
brief, p.25. We need not decide whether, as the father contends, his
February 2023 sentencing ended the alleged restriction on the father's
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parental contact with the child. Even accepting the father's assertion for
purposes of his argument, his voluntary conduct after that point remains
relevant to whether he abandoned the child.
The father relies on C.F. v. State Department of Human Resources,
218 So. 3d 1246, 1250 (Ala. Civ. App. 2016), in which we held that
involuntary imprisonment, standing alone, does not constitute
abandonment. However, C.F. also holds that a juvenile court may
consider a parent's voluntary conduct toward his or her child before and
after incarceration in determining whether the parent abandoned the
child. Id. Thus, although the father's periods of incarceration could not
themselves establish abandonment, his voluntary conduct outside those
periods remained part of the abandonment inquiry.
Although the father testified that he understood that a condition of
his bond prohibited him from having contact with the child, he also
testified that, by the time of the trial, he regularly spent weekends with
the child's sibling and maintained telephone contact with her. The father
acknowledged that, since he had been in treatment at Center of Hope, he
could have obtained the paternal aunt's or the paternal uncle's contact
information from his father or stepmother but that he had not done so.
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He also had never sought custody of or visitation with the child, had
never provided financial support for the child,3 and had not sent the child
photographs or cards. The father estimated that he had seen the child
no more than three times since the child was approximately six or seven
months old. The father also explained that, while addressing his
substance abuse, he had been waiting until he completed the Center of
Hope program and returned home before seeking visitation because he
did not want to become involved with the child only to return "dirty" and
fail again. Even while making substantial progress in treatment, the
father did not seek custody or visitation and did not obtain the paternal
aunt's or the paternal uncle's contact information despite acknowledging
that he could have done so.
In R.S. v. R.G., 995 So. 2d 893 (Ala. Civ. App. 2008), R.S. had visited
his child intermittently, but he had provided no child support during the
3Section 12-15-319(a)(9), Ala. Code 1975, identifies as a factor to
consider in determining whether termination of parental rights is
appropriate a parent's failure to provide for a child's material needs or to
pay a reasonable portion of support "where the parent is able to do so."
Although the evidence establishes that the father provided no financial
support for the child, it does not establish his financial ability to provide
support during the relevant period. We therefore do not rely on § 12-15-319(a)(9) as an independent factor supporting termination.
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21 months preceding the final hearing, despite his ability to do so, had
sent no letters or cards, and had never petitioned for custody. Id. at 903.
This court concluded that the evidence supported the juvenile court's
finding of abandonment. Id. In L.L. v. J.W., 195 So. 3d 269 (Ala. Civ.
App. 2015), this court concluded that clear and convincing evidence
supported a finding of abandonment when L.L. had not contacted her
child for approximately a year and a half and had never supported the
child. Id. at 273. Those cases illustrate that isolated or intermittent acts
of visitation or communication do not, by themselves, preclude a finding
of abandonment when the parent's broader course of conduct
demonstrates a failure to claim parental rights or perform parental
duties.
The paternal aunt filed the termination petitions on December 18,
2025, and the Christmas 2025 visit occurred after the petitions were filed.
The evidence establishes that the visit was planned, but it does not
establish when the family first discussed or arranged the visit. We
therefore do not infer that the father made no effort whatsoever during
the four months preceding the filing of the petition to contact the child.
Even assuming that the Christmas visit had been contemplated before
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the petitions were filed, however, that circumstance would not, standing
alone, foreclose a finding of abandonment. As § 12-15-301(1) makes clear,
abandonment is not limited to physical absence; it also encompasses the
failure to claim parental rights or to perform parental duties.
Considering the father's prolonged absence from the child's life, his
extremely limited contact with the child, his failure to seek visitation or
custody, and his failure to obtain readily available contact information,
even while making substantial progress in treatment, the juvenile court
reasonably could have been clearly convinced that the father had
abandoned the child. We therefore conclude that the father's second
argument does not warrant reversal of the judgment.
Best Interests
The father next argues that the evidence did not establish that
termination of his parental rights served the child's best interests
because the child was already safe and in a stable household and because
the evidence did not show that termination would materially promote the
child's welfare, security, stability, or permanency. He also relies on the
existing custodial arrangement as evidence indicating that termination
was unnecessary to serve the child's best interests.
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"It is well settled that the paramount concern in a termination-ofparental-rights action is the best interest of the child." W.W., 384 So. 3d
at 671. Thus, " 'even when a parent has abandoned his or her child, a
juvenile court must still "consider whether the termination of the
[parent's] parental rights would serve the child's best interest." ' " Ex
parte M.P., [Ms. SC-2024-0684, Mar. 7, 2025] ___ So. 3d ___, ___ (Ala.
2025) (quoting Morgan ex rel. K.J.W. v. T.R.W., 419 So. 3d 579, 586 (Ala.
Civ. App. 2024), quoting in turn W.W., 384 So. 3d at 670). In making that
determination, a juvenile court should focus on whether termination of
the legal relationship between a child and his or her parent will protect
the child's welfare and promote the child's stability and permanency.
J.A. v. S.L., 406 So. 3d 129, 139-40 (Ala. Civ. App. 2024).
The father argues that the child was already safe and stable in the
paternal aunt's and the paternal uncle's home. The paternal aunt
testified that she would continue meeting the child's needs if termination
of the parents' parental rights was denied and that the father posed no
present threat to the child. She further testified that the child would
remain happy, loved, and cared for regardless of the disposition of the
cases and that his life would remain essentially the same. The paternal
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uncle likewise testified that the child's care and physical needs would
remain unchanged, that the child was already stable, and that
termination would provide "clarity." He also identified no present danger
or safety risk posed by the father.
Relying on those circumstances, the father cites W.W. and J.A. in
support of his argument that termination was unnecessary to protect the
child's welfare or to promote his stability and permanency. In W.W.,
although the juvenile court had properly found abandonment, this court
concluded that the evidence did not support a finding that termination
was in the child's best interests when the record did not establish that
the parent's abandonment had caused the child in that case mental
distress and termination would leave that child without a legal father
because no prospective adoptive parent had been identified. 384 So. 3d
at 670-71. Similarly, in J.A., the child in that case was already safely
residing with the custodial mother, continuing the legal relationship with
the father in that case did not threaten that child's safety or stable
custodial arrangement, and maintaining that relationship did not
implicate that child's prospects for adoption. 406 So. 3d at 139-41.
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In this case, unlike in W.W. and J.A., the permanency interests of
the child would be advanced by the termination of parental rights
because both the paternal aunt and the paternal uncle testified that they
intended to adopt the child. They had raised the child for almost his
entire life, and the evidence clearly reflected that the child recognized
them as his mother and father, so, as the juvenile court found,
termination of parental rights with adoption was the best permanency
plan for the child. The termination of parental rights with adoption
would afford the child legal recognition of his existing family unit and
secure to the child as permanent a custodial arrangement as the law
allows.
Furthermore, the juvenile court also could have been clearly
convinced that termination of parental rights would also advance the
stability interests of the child. In this context, stability mainly refers to
the " 'stability in the psychological and emotional relationship a child has
with his or her [custodian].' " J.A., 406 So. 3d at 141 (quoting T.C. v. Y.R.,
162 So. 3d 920, 928 (Ala. Civ. App. 2014) (Moore, J., dissenting)). The
child had developed a strong relationship with the paternal aunt and the
paternal uncle, and he understood them to be his parents. The juvenile
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CL-2026-0264 and CL-2026-0265
court evidently determined that that relationship should be protected
from unwarranted disruption. The father indicated in his testimony that
the custodial arrangement had benefited the child, but he believed that
the child should remain with the paternal aunt and the paternal uncle
until he could "get on [his] feet and be able to support him." That
testimony showed that the father planned on becoming more involved
with the child if his parental rights were not terminated. By terminating
parental rights and allowing the child to be adopted, the juvenile court
could ensure that the paternal aunt and the paternal uncle, as lawful
parents, would have control over any contact between the father and the
child. See Ala. Code 1975, § 26-10E-28(a) ("After entry of the final
judgment of adoption, the adoptee shall be treated as the legal child of
the adoptive parent or parents and shall have all rights and be subject to
all the duties arising from that relation.").
Whether the termination of parental rights served the best
interests of the child was a question of fact for the juvenile court to decide.
J.A., 406 So. 3d at 139. The trial court received sufficient evidence to be
clearly convinced that termination of the father's parental rights would
enable the child to be adopted and secured in the only family unit the
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CL-2026-0264 and CL-2026-0265
child had ever really known. On appeal, this court cannot reweigh the
evidence to reach a different determination. We therefore conclude that
the father's third argument does not warrant reversal of the judgments.
Conclusion
For the foregoing reasons, we affirm the juvenile court's judgments
terminating the father's parental rights.
CL-2026-0264 -- AFFIRMED.
CL-2026-0265 -- AFFIRMED.
Edwards, Hanson, Fridy, and Bowden, JJ., concur.
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