Ex parte J.N.M.
D.L.M. In re: J.N.M.
for Publication April 28, 2016.
(Blount Circuit Court, DR-08-298.02). Steven D. King, Trial
Petitioner: Reta A. McKannan, Huntsville.
Respondent: J. Edward Lowe, Oneonta.
Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson,
FOR WRIT OF MANDAMUS
(" 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.
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.
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.
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]
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 ...