Alabama Family Rights Association

The Alabama Family Rights Association (ALFRA) is an all volunteer Association. We are nurturing fathers, mothers, grandparents, and children who have experienced the tragedy of divorce and its aftermath.  ALFRA members have a wealth of personal experience with how the legal system works, including experience with custody issues and post-divorce parenting.  We are working to reform the Alabama legal system, and support the passage of family-friendly legislation designed to ensure all children have a meaningful, frequent and substantial relationship with both parents and extended families after divorce.  JOIN ALFRA today! We offer support groups, access to the member only area of this site, and most important, active ALFRA members educate the public about unconstitutional legal practices that harm Alabama children and divorced parents.

Tell ALFRA how the family courts have affected you.  Go to our link  - "Tell Your Story".

 

Divorced Parents Read Your Automobile Insurance Policy

3 July 09  - In the Alabama Supreme Court Opinion published June 26, 2009, State Farm Mutual Automobile Insurance Company v Rachael Brown a Minor, by and through her parents, Michael  Brown and Rosemary Gilbert. To read the full opinion, click here.

Here is the scenario.  Parents have joint custody.  Dad has daughter, who is a high school student, on his automobile insurance policy with State Farm.  Daughter was injured in an automobile accident. At time of the accident daughter lived primarily with the mother.  
 
The daughter sued State Farm seeking Uninsured Motorist (UIM) Benefits, which she alleged she was entitled to under her Dad’s automobile insurance policy.

State Farm filed a motion for a summary judgment, which the trial court denied. State Farm Appealed.
 
A summary judgment means in applying the law to the undisputed facts, one party is clearly entitled to judgment.
 
The Alabama Supreme Court reversed the trial judge saying State Farm is clearly entitled to a summary judgment in their favor.

Why?  The answer to this controlling question of law hinges on the interpretation of the language in the Dad’s automobile insurance policy with State Farm. 

The Father’s policy provides UIM benefits to those "insured" under the policy. However, the policy said it covers “relatives” away at school, NOT relatives away living with her mother.

The word "relative," defined in the State Farm policy as follows:

"Relative - means a person related to you or your spouse by blood, marriage or adoption that lives primarily with you.  It also includes your unmarried and un-emancipated child away at school."

If your children are driving and you are paying the insurance but they are NOT living with you, ALFRA recommends consulting with your insurance agent.

 

 

Huntsville Independence Day Tea Party - Fireworks Display

WHEN: Saturday, July 4, 2009

WHERE: Jaycee Fairgrounds, 2180 Airport Rd.

TIME: 7:00 p.m. 

This is a great opportunity for us to get our message out to the public. 

Meet us at the fairgrounds at 6:30 to help distribute ALFRA flyers as people arrive for the Tea Party.  We also have banners that need holding.  You don't have to stay for the entire event.  

Tea Party information from the Huntsville Tea Party web site:

"We want this to be a patriotic day of honoring our troops and celebrating the birth of our great nation as well as protesting the issues that are central to Tea Party patriots and that are detrimental to our country's future -

  • too much government spending,
  • too much government debt,
  • too much government intrusion, etc.

Madison County Commissioner Mo Brooks will be the event emcee.

Speakers are:

  • Roger Richardson -  ordained minister, formerly in economic development at several universities, now at Ala. A&M University
  • Mary Scott Hunter -  mother of 3, former Air Force major, runs own technology company
  • Les Phillip - father of 3, former Navy pilot, runs own catering service, future 2010 candidate for Congress District 5
  • Linda Lawrence - with Huntsville Community Rights

Food on sale

Band

7:30 p.m. - Speakers

9:00 p.m. - Fireworks from nearby Joe Davis Stadium"


 

Chris Hobbs Court Hearing Update

29 June 09Madison County Courthouse - Chris’ former wife requested the Court find him in contempt and order Chris to cease his web site and billboard campaign claiming it was harming their child, a boy age twelve, otherwise have Chris jailed and/or fined.

In the courtroom, Chris advised the judge that he refuses to be part of the legal proceedings.  

Why? Chris and his son have been treated unfairly in previous legal proceedings. He has no faith in the legal system. 

The judge pointed out there is a motion for contempt. He indicated to Chris that he could be jailed if he left the courtroom.  Then the judge asked the former wife if she wanted Chris jailed if he didn’t participate?   She said, “Yes” upon consulting with her attorney.   The judge rolled his eyes with a slight look of disgust in response to her answer.

After a brief recess, the judge did not Order Chris jailed after asking the Mother's attorney, Bill Burgess, if  Chris was a flight risk?  Burgess replied, “He is not a flight risk, but a publicity risk.”

The former wife testified mostly about a billboard and how that upset the child. The mother also said the child was upset about the upcoming court proceedings.  Further, she said Chris has not complied with her request to remove window vinyl displaying a picture of Chris, Judge Little and the parties son from Chris' truck, which is an untrue statement.  

According to Huntsville child physiologist Dr. Roger Rinn [FN1] hired by the mother’s attorney, Chris has not seen his son since March of this year.  Dr. Rinn said he last saw the child June 18 and he was upset not only about the web site, but also “about the current court proceedings and not being able to see his father.”  Interestingly Dr. Rinn said little about the billboard that was a significant issue during the mother's testimon.

If Chris hasn’t seen the child since March who is telling him about the current proceedings?

What is harming the child in this particular instance? 

The parties son was accustomed to living with both parents under equal custody until three years ago when Judge Little changed parenting time due to Chris becoming a firefighter.  Now, he doesn’t see his father or paternal grandmother very often, which he previously shared a close nurturing relationship.

Additionally, in the last ten years there have been five lawsuits filed by the former wife.  Chris has filed none.  Simply the prolonged custody litigation and the former wife not allowing Chris make up parenting time, missed due to his fire department schedule, and Chris not being included on major parenting decisions causes strife between the parties. 

Chris Hobbs is did not create the problems placed before the court today. The court, abet a different judge, created these issues.  Chris Hobbs loves his son and it standing up for what is right.  All Chris wants is to have a meaningful, frequent and substantial relationship with his child.

Back to the court hearing, near end of the proceedings Chris returned to the courtroom.  

The judge reluctantly allowed Chris to testify after he requested it.  Chris submitted drawings that his son made, and several report cards showing the child is an A student. He told the court he only wants to be an active father, and the former wife doesn’t like it that he is informing the public about unfair and unjust rulings by the Alabama judicial system.  Chris pointed out his son was doing just fine prior to Judge Little changing custody.  

The current judge is Kevin Grimes from Cherokee County.   He took the case under advisement and will rule at a later time.

It should be noted there was no motion before the court to modify custody; only to address the web site and billboard. 

Also, all Madison County judges have removed themselves from any legal proceeding to which Chris Hobbs is involved. Simply, these judges do not want the political baggage of the public knowing they are biased and unfair in their rulings. 

Sadly, in many Alabama courtrooms, what the effective Chris Hobbs web site campaign has accomplished in Madison County needs to be done in other jurisdictions.   This would stop much of the bias that goes on with Alabama trial court judges in custody cases. 

When will the Alabama judicial system realize their actions to choosing only one parent in custody cases when there are two loving parents that want to be involved is HARMING the child?  Blame the parents if  you so choose, but prior to Judge Little's rulings the child was doing just fine.  

[FN1] Huntsville, Alabama Child Physiologist Dr. Roger Rinn

It appears Dr. Rinn testifies to what his clients want him to say.

If Dr. Rinn cared to know the entire facts to the Hobbs situation he would have stated previous opinions made when he was hired by a Marshall county father in a move away case, Ex Parte Monroe (1999) that went before the Alabama Supreme Court. 

In Ex Parte Monroe Dr. Rinn testified, “that fathers were "very important for sons in particular" and that by being with his father a boy "learns how to be a male, an adult male." Dr. Rinn also testified that boys who have close relationships with their fathers tend to have higher academic achievement, tend to be more empathetic as adults, and tend to be more compassionate toward others. Dr. Rinn concluded his testimony by stating that the more time a male child is able to spend with his father, the more-well rounded and better adjusted that child would be." 

How does Dr. Rinn believe he can utilize his expertize and help this child, and these parents, by testifying in a courtroom setting?

Does Roger Rinn have this particular child's best interest at heart, or is he most interested in padding his wallet? 


 

 

LEGAL NEWS

Franklin County Judge Terry Lee Dempsey Disregards the Alabama Parent-Child Relationship Protection Act. 

19 June 09 - In Parker v Parker, click here to read the full opinion, released the Alabama Court of Civil Appeals upheld Franklin County Circuit Judge Terry Lee Dempsey ruling that a Mother could move from Franklin County to Huntsville due to what the Mother said was a better job. Yet, the Mother’s court testimony was that her salary would DECREASE when moving to Huntsville.   Additionally, the Mother did not deny she told the Father she was moving so to separate him from the child “as much as possible.” 

Civil Court of Appeals Justice Tommy Bryan affirming, in part, and dissenting, in part, wrote that, “Our legislature stated that the purpose of the Parent-Child Relationship Protection Act was to “promote the general philosophy in this state that children need both parents, even after a divorce, 30-3-160, Ala. Code 1975.  For that reason, the legislature created a burden on the relocating parent to overcome a presumption that relocating a child from his or her primary residence is not in the best interest of the child.”

Justice Bryan went on to say, “…since the trial court was not required to make “specific findings pertaining to the parties’ respective burdens of proof, that he must assume the trial court made those findings necessary to support its judgment.”

This case is a perfect example, and there are many,  why the legislature must enact law requiring trial judges to list written findings of fact in family law matters.  For Alabama law to allow, or should we say require, appeal courts to ASSUME that a trial judge correctly did their job is giving trial judges too much unbridled power.

Further, the legislature must also change the standard of proof regarding evidence in family court cases from the current ore tenus standard to the clear and convincing standard.

Now, if the father can afford to appeal to the Alabama Supreme Court maybe that Court will correct what the legislature intended with the Parent-Child Relationship Protection Act.  In the mean time, another Alabama child goes without a meaningful relationship with her father because a trial judge refuses to honor Alabama law.