Legal Proof for Receipt of Gift a Higher Legal Standard than Used When Children Removed from Fit Parent

 

22 Jan 12 - The Legal Standard of proof in Alabama to prove receipt of a Gift is the clear and convincing evidence standard. See Alabama Supreme Court case: First Alabama Bank of Montgomery v. Adams (Ala. 1980).

There is no required legal standard for an Alabama court to decide child custody. It is just whatever the judge wants it to be.
Alabama Judges and Attorneys are opposed to the ACFA because
it requires the clear and convincing evidence standard in deciding a child custody case.

The clear and convincing evidence standard is consistent to Constitutional case law from the Supreme Court of the United States in safeguarding fit parents fundamental rights to make child rearing decisions over that of the state of Alabama.