K.J. v. S.B.

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REL: June 28, 2019 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2018-2019 _________________________ 2180098 _________________________ K.J. v. S.B. Appeal from Jefferson Circuit Court (CV-17-330) DONALDSON, Judge. K.J. ("the father") appeals from a judgment of the Jefferson Circuit Court ("the trial court") granting S.B. ("the grandmother") visitation with K.H.J. ("the child"). We reverse the judgment and remand the cause for the trial court 2180098 to comply with the requirement in § 30-3-4.2, Ala. Code 1975 ("the Grandparent Visitation Act"), that it enter findings of fact in support of its rulings. In light of our resolution of the appeal, only an abbreviated recitation of the procedural history of this case is necessary. On September 7, 2017, the grandmother filed a petition in the trial court seeking visitation with the child, pursuant to the Grandparent Visitation Act. On September 4, 2018, the trial court conducted a trial on the matter. On September 10, 2018, the trial court entered a judgment granting the grandmother visitation with the child, without stating any findings of fact. The father filed a timely notice of appeal to this court. We have jurisdiction pursuant to § 12-3-10, Ala. Code 1975. On appeal, concedes, that the the father argues, judgment and granting the grandmother the grandmother visitation of the child does not comply with the requirement in § 30-3-4.2(f) that "[t]he court shall make specific written findings of fact in support of its rulings." Because the trial court's judgment does not contain any findings of fact, we reverse the judgment and remand the cause for the trial court 2 2180098 to enter findings of fact in support of its rulings. See, e.g., Regions Bank v. Allen, 256 So. 3d 669, 671 (Ala. Civ. App. 2018) (reversing judgment and remanding cause for trial court to enter findings of fact and conclusions of law in compliance with § 25–5–88, Ala. Code 1975).1 We pretermit discussion of the other issues the father raises in his appeal. REVERSED AND REMANDED. Thompson, P.J., and Moore, Edwards, and Hanson, JJ., concur. 1 "Just as Ala. Code 1975, § 30–3–4.1(e)[, the predecessor to § 30-3-4.2(f)], requires trial courts to make specific written findings of fact in support of their rulings in grandparent-visitation cases, Ala. Code 1975, § 25–5–88, requires trial courts to make specific written findings of fact and conclusions of law in workers' compensation cases." J.W.J. v. P.K.R., 999 So. 2d 943, 949 n.1 (Ala. Civ. App. 2008). 3

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