May 8, 2015
Cullman County Department of Human Resources
from Cullman Juvenile Court. (JU-14-268.01).
THOMPSON, Presiding Judge.
(" the mother" ) appeals from a judgment of the
Cullman Juvenile Court (" the juvenile court" )
awarding custody of K.K. (" the child" ) to
P.S. On appeal, the mother argues that the
juvenile court's judgment was entered in violation of her
due-process rights because she did not receive notice of the
nature of the proceedings and because the juvenile court
transferred custody of the child to P.S. without receiving
any evidence at a scheduled hearing. See N.J.D. v.
Madison Cnty. Dep't of Human Res., 110 So.3d 387,
392 (Ala.Civ. 2012) (quoting Thorne v. Thorne, 344
So.2d 165, 169 (Ala.Civ. 1977)) (holding that, in
child-custody proceedings, due process requires notice to a
parent that his or her right to custody of his or her child
will be considered by the court); and J.W. v. D.W.,
835 So.2d 206, 210 (Ala.Civ. 2002) (holding that Alabama law
requires a nonparent to present clear and convincing evidence
to overcome a parent's prima facie right to custody of
his or her child).
letter brief to this court, the Cullman County Department of
Human Resources (" DHR" ) concedes that the mother
did not receive notice of the nature of the proceedings and
that the juvenile court did not receive any evidence at the
hearing; thus, DHR concedes that the judgment was entered in
a manner inconsistent with the mother's due-process
rights. Because it is undisputed that the juvenile court
entered its judgment in a manner inconsistent with due
process, we reverse the judgment and remand the cause to the
juvenile court for further proceedings consistent with this
Thomas, Moore, and Donaldson, JJ., concur.
P.S. is the paternal grandmother of the
child's half siblings but is not a biological relative of