from Geneva Juvenile Court (JU-11-378.02)
William J. Moore , Enterprise, for appellant.
F. Holmes , Slocumb, for appellees.
("the mother") appeals from a judgment of the
Geneva Juvenile Court ("the juvenile court")
declining to transfer custody of her child, S.A.B. ("the
child"), to her from R.L. and A.L. ("the
custodians") and finding the mother in contempt. We
dismiss the mother's appeal.
24, 2018, the mother filed a petition to modify custody of
the child. She asserted, among other things, that the
custodians had been awarded custody of the child on February
17, 2012, and that there had been a material change of
circumstances such that the mother should be awarded custody
of the child. The mother attached to her petition an order of
the juvenile court dated February 18, 2014, indicating that
the juvenile court had previously adjudicated the child
dependent on February 17, 2012, pursuant to a dependency
petition that had been filed by the custodians and that the
juvenile court had awarded custody of the child to the
custodians at that time. In its February 18, 2014, order, the
juvenile court denied a previous petition to modify custody
of the child that had been filed by the mother. The mother
also attached to her petition a July 21, 2014, order of the
juvenile court awarding the mother specified visitation with
custodians filed a response to the mother's modification
petition on June 7, 2018. On August 22, 2018, the custodians
filed an amended response to the mother's modification
petition. That amended response also included a
counterpetition seeking a finding of contempt against the
mother for her failure to pay child support as
"previously ordered," enforcement of the
mother's child-support obligation, and an order requiring
the mother to return the child following her visitation with
the child. The custodians filed a second amended response to
the mother's petition on August 27, 2018, correcting
certain dates referenced in the first amended response.
was conducted on October 30, 2018. On November 15, 2018, the
juvenile court entered a judgment finding that the mother had
failed to meet the standard for a modification of custody
outlined in Ex parte McLendon, 455 So.2d 863 (Ala.
1984), and denying the mother's petition for a
modification of custody. With regard to the custodians'
counterpetition, the juvenile court stated:
"With regard to the contempt [p]etition, the
counterclaim by the [custodians], the Court finds that there
is sufficient evidence to find that the mother. . . has
failed to provide child support as ordered and she is
employed and is able to provide support as ordered. The Court
also finds that the mother has also violated the visitation
order in this case. An Income Withholding Order shall be
issued in this case if one has not been entered and the
mother . . . shall pay a purge for contempt in the amount
[of] $ 500 by December 13, 2018, or appear for a hearing at
9:00 a.m. on December 13, 2018. Failure to appear or pay may
result in the Court placing the mother. . . in the Geneva
County Jail for contempt."
mother filed her notice of appeal to this court on November
27, 2018. This court issued an order calling for letter
briefs from the parties on the issue of the finality of the
juvenile court's November 15, 2018, judgment.
"Although neither party has raised the issue of this