The Alabama Court of Civil Appeals has reversed a custody decision made by the St. Clair Juvenile Court regarding two children, N.H. and D.H. The ruling affects the children's biological parents, S.L., Jr. and G.H., and their foster parents, H.J. and J.C. The court's decision emphasizes the importance of due process in custody hearings.

The case, H.J. and J.C. v. S.L., Jr.; G.H.; Sarah Brazzolotto, in her capacity as guardian ad litem; and St. Clair County Department of Human Resources, was filed under docket number CL-2026-0172. The court's opinion was released on September 18, 2026.

Background

The dispute began when the St. Clair County Department of Human Resources (DHR) initiated dependency actions concerning the children, who were found to be dependent. The juvenile court awarded legal custody to DHR and physical custody to the foster parents, H.J. and J.C. Following this, DHR sought to terminate the parental rights of the children's biological parents.

In November 2025, the children's mother, G.H., filed motions to dismiss the termination actions, seeking to regain custody of her children. The juvenile court scheduled a hearing for her motions. However, just days before the hearing, the foster parents filed their own petitions seeking legal custody of the children, arguing that they should be awarded custody and that the parents' rights should be terminated.

The Ruling

The Alabama Court of Civil Appeals ruled in favor of the foster parents, reversing the juvenile court's decision to award custody back to the mother. The court stated, "We reverse the judgments to the extent that they awarded custody of the children to the mother." The ruling emphasized that the juvenile court had failed to provide adequate notice to the foster parents regarding the nature of the hearings that took place.

Judge Bowden, who authored the opinion, highlighted the importance of due process, noting that the foster parents were not properly informed that a dispositional hearing would occur. The court found that the foster parents were entitled to reasonable notice of the proceedings and that the juvenile court's failure to provide this notice constituted a violation of their rights.

Impact

This ruling has significant implications for child custody cases in Alabama. It reinforces the necessity for courts to provide clear and timely notice to all parties involved in custody disputes. The decision also underscores the importance of considering the best interests of the children and ensuring that all parties have an opportunity to present their case.

The ruling may set a precedent for future cases involving custody and dependency, particularly regarding the rights of foster parents in such proceedings. It highlights the need for courts to adhere strictly to procedural requirements to protect the rights of all parties involved.

What's Next

Following this ruling, it is unclear whether the case will be appealed to a higher court. The foster parents have expressed their intention to continue pursuing custody of the children, and the biological parents may respond to the appellate court's decision. Details were not available in the court filing regarding any related cases pending.