Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ex parte J.N.M.

Alabama Court of Civil Appeals

July 24, 2015

Ex parte J.N.M.
v.
D.L.M. In re: J.N.M.

         Released for Publication April 28, 2016.

          (Blount Circuit Court, DR-08-298.02). Steven D. King, Trial Judge.

         For Petitioner: Reta A. McKannan, Huntsville.

         For Respondent: J. Edward Lowe, Oneonta.

         MOORE, Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.

          OPINION

Page 1157

         PETITION FOR WRIT OF MANDAMUS

         MOORE, Judge.

         J.N.M. (" the mother" ) petitions this court for a writ of mandamus directing Judge Steven D. King of the Blount Circuit Court (" the trial court" ) to vacate his June 9, 2015, order allowing for visitation between D.L.M. (" the father" ) and the parties' children and directing the parties " to find [a] counselor for family counseling." We deny the mother's petition.

         The parties were divorced by a judgment of the trial court entered on April 19, 2010; that judgment awarded the mother and the father joint legal custody of their three minor children and awarded the mother physical custody of the children, subject to the father's standard visitation. On April 15, 2013, the mother served the father with a letter indicating her intent to relocate with the children to Huntsville on July 1, 2013, as a result of her remarriage.

         On May 24, 2013, the father filed a petition for a modification of the parties' divorce judgment. In that petition, the father asserted, among other things, that he objected to the mother's proposed relocation with the children to Huntsville; he sought physical custody of the children, reasonable visitation between the children and the mother, and an injunction restraining the mother from leaving the State of Alabama with the children.

         According to the mother in her " motion for rehearing" filed with the trial court, the parties' son revealed in the summer of 2013 that he had been inappropriately touched by the father during a visit, and, as a result of that allegation, the mother had sought counseling for the son with a therapist at the Children's Advocacy Center in Blount County. On July 10, 2013, the mother filed in the trial court a motion seeking to suspend the father's visitation with the children, asserting, among other things, that the children's pediatrician had recommended the suspension of the father's visitation with the children. A July 22, 2013, handwritten entry on the trial court's case-action-summary sheet indicates that the trial court was informed that the mother's motion to suspend the father's visitation was moot and that the case remained set for hearing on August 15, 2013. On September 17, 2013, the Blount County Department of Human Resources (" DHR" ) sent the father a letter indicating that DHR had completed an assessment on the suspected child-abuse/neglect report it had received against the father on August 1, 2013, and that DHR had not found " sufficient evidence to support that [the father had] sexually molested [the] son." Additionally,

Page 1158

both the father and Judge King state in their answers to the mother's mandamus petition that the allegation of sexual molestation of the son by the father had been presented to a Jefferson County ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.