Losing parental rights can permanently change a family’s future, particularly when young children have spent years living with other caregivers. In Alabama, a mother who lost her parental rights to her two children challenged a court decision that allowed them to remain with their respective caregivers. The Alabama Court of Civil Appeals has now reversed part of that decision, restoring the mother’s parental rights to her older child while allowing the termination involving her younger daughter to stand.In a November 13, 2026 opinion available on Justia, the appeals court also upheld the termination of the father’s parental rights to both children. The case, N.H. v. M.D., arose from separate proceedings involving the children’s maternal great-aunt and a foster caregiver.
Children placed with different caregivers
According to the court’s opinion, the mother and father were never married but had two children together. Their older child, K.P., was born on December 15, 2020, and allegedly tested positive for illegal drugs at birth. The Barbour County Department of Human Resources (DHR) subsequently initiated dependency proceedings, and the juvenile court placed the child with the maternal great-aunt.Their younger child, No.H., was born on April 5, 2022, and also allegedly tested positive for illegal drugs. Following separate dependency proceedings, she was placed with a licensed foster parent. Although the great-aunt briefly obtained custody of both children, she later returned the younger child to the foster caregiver.In October 2024, the great-aunt and the younger child’s custodian separately petitioned to terminate the parents’ parental rights. After a trial on February 24, 2026, the Barbour Juvenile Court entered judgments in favour of the petitions on March 5, 2026, finding that neither parent was willing or able to provide appropriate care and that there were no viable alternatives to termination. The court awarded permanent custody of the older child to the great-aunt and the younger child to the foster caregiver.
Court examines mother’s efforts to maintain contact
During the proceedings, the great-aunt testified that she had allowed both parents to visit the children at her home in Dothan. She said she had even offered them money for petrol to make the journey from Eufaula, but estimated that the mother had visited only four or five times since 2022. The father had visited two or three times. The mother attributed her limited contact to transportation difficulties and communication problems. She also said she had attempted to arrange visits and had offered financial assistance for the children’s needs.The younger child’s foster caregiver similarly testified that the mother had contacted her only occasionally. She said she had taken the child to meet her mother twice in Eufaula, including on the child’s third birthday in April 2025.The mother acknowledged that she had not provided financial support for the younger child and had seen her only three times. However, she said her circumstances had improved. By the time of the trial, she was sober, had maintained the same residence for six years, was employed as a restaurant manager and was raising another young son. The guardian ad litem also acknowledged that the mother had made progress and was able to care for her youngest son after separating from the children’s father.
Appeals court distinguishes between the two children
The Alabama Court of Civil Appeals agreed that the evidence supported terminating the mother’s parental rights to the younger child. The foster caregiver and her husband had provided the child’s primary care since infancy and intended to adopt her. The court concluded that ending the mother’s parental rights would provide the younger child with greater stability and permanency. However, the judges reached a different conclusion concerning the older child.The older child had remained with the maternal great-aunt since the beginning of the dependency proceedings. The great-aunt testified that she intended to continue caring for the child permanently but did not plan to adopt her.The appeals court found that the lower court had not adequately established how terminating the mother’s parental rights would benefit the older child. Since the child already had a safe and stable home with the great-aunt, maintaining that arrangement without terminating the mother’s rights remained a viable alternative. The judges also emphasised that parental rights should not be terminated when doing so would provide no additional benefit to the child.
Father’s parental rights remain terminated
The appeals court separately rejected the father’s challenges to the termination of his parental rights. It noted evidence of his longstanding substance-abuse problems, inconsistent visits and lack of financial support. The court also considered evidence that the youngest son had tested positive for illegal drugs while in association with the father.On November 13, 2026, the Alabama Court of Civil Appeals affirmed the termination of both parents’ rights to the younger child and the father’s rights to the older child. It reversed and remanded the decision terminating the mother’s rights to her older child.The ruling means the mother retains her parental rights to the older child, who will continue living with the great-aunt, while her parental rights to the younger child remain terminated. The decision highlights why courts must examine the circumstances and best interests of each child separately when deciding whether parental rights should be permanently ended.