Davis v. Turner

Full title: In re Brenda Turner DAVIS v. Tom W. TURNER et al. Ex parte Brenda Turner…

Court: Supreme Court of Alabama

Date published: Sep 24, 1976

337 So. 2d 362 (Ala. 1976)

Opinion

SC 2022.

September 24, 1976.

Certiorari to the Court of Civil Appeals.

Ronnie E. Keahey, Grove Hill, for petitioner.

No appearance for respondent.

Petition for Writ of Certiorari to Court of Civil Appeals, Ala.Civ.App., 337 So.2d 355.

EMBRY, Justice.

WRIT DENIED.

HEFLIN, C.J., and BLOODWORTH, MADDOX, FAULKNER, SHORES and BEATTY, JJ., concur.

JONES, J., concurs specially.

ALMON, J., dissents.

JONES, Justice (concurring specially):

I am in complete agreement with the holding of the Court of Civil Appeals, Ala.Civ.App., 337 So.2d 355; therefore, I agree to deny the writ. I disagree, however, with the final ground given by that Court for denying the natural mother's revocation of consent for adoption of her child: ". . . that the child's best interest lies with the Turners." The child's best interest, as a matter of law, lies with its mother absent a finding that the mother is unfit to have custody of her child. Chandler v. Whatley, 238 Ala. 206, 189 So. 751 (1939).