M. S. v. D. A. P.
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REL: 04/18/2008 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, 2007-2008 _________________________ 2060984 _________________________ M.S. v. D.A.P. Appeal from Montgomery Juvenile Court (JU-06-908 and JU-06-909) PER CURIAM. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(A), Ala. R. App. P.; Ex parte Montgomery County Dep't of Human Res., [Ms. 2060672, September 28, 2007] ___ So. 2d ___, ___ (Ala. Civ. App. 2007); 2060984 J.S.M. v. P.J., 902 So. 2d 89, 96 (Ala. Civ. App. 2004); J.M. v. D.V., 877 So. 2d 623, 627-28 (Ala. Civ. App. 2003); and Hannan v. Hannan, 676 So. 2d 1340, 1342 (Ala. Civ. App. 1996). Thompson, P.J., and Pittman and Thomas, JJ., concur. Bryan, J., dissents, with writing, which Moore, J., joins. 2 2060984 BRYAN, Judge, dissenting. In the present case, D.A.P. ("the father") sought a judgment awarding him custody of his two minor children born of his relationship with M.S. ("the mother"). This court affirms the judgment of the Montgomery Juvenile Court ("the juvenile court") awarding the father custody. Although the father alleged that the children were dependent, the evidence presented at trial tended to establish, and the factual findings of the juvenile court's judgment indicate, that the children are not dependent. Furthermore, the parties, who are not married to each other, do not dispute that the father is the biological father of the children. Therefore, the cause is solely a custody dispute between two unmarried parents. Accordingly, I conclude that the juvenile court lacks power to adjudicate the father's custody petition. See L.L.M. v. J.M.T., 964 So. 2d 66 (Ala. Civ. App. 2007) (Bryan, J., dissenting) (concluding that the parties' factual stipulation of a father's paternity rendered that issue moot and, therefore, that the juvenile court lacked jurisdiction to adjudicate custody). Moore, J., concurs. 3
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