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S.D. v. R.D

628 So. 2d 817 (Ala. Civ. App. 1993)
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S.D. v. R.D

6 Citing cases

  1. Moody v. Nagle

    811 So. 2d 546 (Ala. Civ. App. 2001)   Cited 11 times
    Recognizing that the recommendation of a guardian ad litem has no binding effect on the trial court

    The recommendation of the guardian ad litem, which indicated that liberal visitation would be desirable, has no binding effect on the trial court; the guardian ad litem is entitled toargue his client's case to the court as is any other attorney in the case, but he is not delegated the authority of the court. See G.C. v. G.D., 712 So.2d 1091, 1095 (Ala.Civ.App. 1997); S.D. v. R.D., 628 So.2d 817, 818 (Ala.Civ.App. 1993). The trial court's visitation award allows for whatever visitation schedule the parties can agree to; the reference to the standard schedule appears to indicate that such a schedule would be in effect only if the parties could not devise a suitable alternative schedule.

  2. G.C. v. G.D

    712 So. 2d 1091 (Ala. Civ. App. 1998)   Cited 54 times

    See § 12-15-1(8), Ala. Code 1975 (a guardian ad litem is "[a] licensed lawyer appointed by the court to defend or represent a child in any action to which such child may be a party"). Any doubt on this issue was put to rest by this court's holding in S.D. v. R.D., 628 So.2d 817 (Ala.Civ.App. 1993). There we stated:

  3. Ex Parte R.D.N

    918 So. 2d 100 (Ala. 2005)   Cited 28 times
    Holding that party's right to due process is violated when court considers ex parte recommendation of guardian ad litem

    ' " G.C. v. G.D., 712 So.2d 1091, 1095 (Ala.Civ.App. 1997); see also S.D., Jr. v. R.D., 628 So.2d 817, 818 (Ala.Civ.App. 1993) (`The guardian ad litem correctly observes that he is an officer of the court and is entitled to argue his client's case as any other attorney involved in this case.'). We decline to reconsider the longstanding use of guardians ad litem by the trial courts of this state.

  4. Rogers v. Rogers

    307 So. 3d 578 (Ala. Civ. App. 2019)   Cited 5 times
    Indicating that a guardian ad litem "may participate in the litigation through activities associated with the role of an attorney, such as examining witnesses and presenting arguments to the court in the same manner as counsel for a parent"

    A guardian ad litem serving in the role of counsel may participate in the litigation through activities associated with the role of an attorney, such as examining witnesses and presenting arguments to the court in the same manner as counsel for a parent. See, e.g., S.D. v. R.D., 628 So. 2d 817, 818 (Ala. Civ. App. 1993) ("The guardian ad litem correctly observes that he is an officer of the court and is entitled to argue his client's case as any other attorney involved in the case. § 15–12–21(b), [Ala.] Code 1975.").

  5. C.J.L. v. M.W.B

    879 So. 2d 1169 (Ala. Civ. App. 2003)   Cited 22 times
    Affirming a judgment modifying custody of the children in favor of the father after the trial court concluded that the mother had, among other things, withheld visitation from the father in an attempt to completely alienate the children from the father

    See § 12-15-1(8), Ala. Code 1975 (a guardian ad litem is `[a] licensed lawyer appointed by the court to defend or represent a child in any action to which such child may be a party')."G.C. v. G.D., 712 So.2d 1091, 1095 (Ala.Civ.App. 1997); see also S.D., Jr. v. R.D., 628 So.2d 817, 818 (Ala.Civ.App. 1993) ("The guardian ad litem correctly observes that he is an officer of the court and is entitled to argue his client's case as any other attorney involved in the case."). We decline to reconsider the longstanding use of guardians ad litem by the trial courts of this state.

  6. S.C.W. v. C.B

    826 So. 2d 825 (Ala. Civ. App. 2001)   Cited 12 times
    Explaining that, "'[u]nless two statutes are in irreconcilable conflict, it is the court's duty to regard each as effective and to arrive at a construction that will harmonize the seeming conflict and give each statute a reasonable field of operation'"

    It is well settled that, because adoption is purely statutory, strict compliance with the statutes is required. S.D. v. R.D., 628 So.2d 817 (Ala.Civ.App. 1993). The Alabama Legislature established the Putative Father Registry Act in 1997.