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In the matter of F.W. and C.W. (Re: D.N.
vs.
T.B. J.B. and F.H.)
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Issues:
Private right of action, drug testing, due process.
Case Summary:
A mother in a child custody case appeals a lower court's ruling that rejected her request for a reconsideration of the existing custody order and visitation schedule. The mother agreed to a court-approved agreement that placed her two children in the care of a relative until she could confirm she was free of drugs and secured employment. After complying with a state-monitored drug testing program, the mother petitioned the court for a restructuring of the original custody order.
Decision of lower jurisdiction:
A trial court rejected the mother's motion to restructure the custody order. The court ruled that the best interest of the children dictated they remain in the care of the relative. The mother now appeals.
Outcome:
The mother loses. The Alabama Court of Civil Appeals affirmed the ruling of the lower jurisdiction. The appeals court ruled it could find no reversible error in the actions of the lower court.