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

19 June 09 - In Parker v Parker, (read full opinion, here) released in the Alabama Court of Civil Appeals, they upheld Franklin County Circuit Judge Terry Lee Dempsey's ruling a Mother could move from Franklin County to Huntsville, due to what the Mother said was a better job.   The Mother’s court testimony: her salary would DECREASE when moving to Huntsville.   Further, she 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.

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