A.N.S. v. K.C. and C.C

WRIGHT, Retired Appellate Judge Following oral proceedings, the parental rights of A.N.S. (father) to his two minor daughters
were terminated by the Juvenile Court of Mobile County. The petition for termination was filed by the maternal aunt and uncle
of the two minor children. The father appeals. In order to terminate parental rights upon a nonparent's petition, a court must make several findings: First, the court must
determine that the child is dependent according to clear and convincing evidence. Second, the court must find that there exists
no viable alternative to termination of the parental rights. Ex parte Beasley, 564 So. 2d 950 (Ala. 1990). If the trial court
was presented the evidence ore tenus, its judgment is presumed to be correct. It will be set aside only if the record reveals
it to be plainly and palpably wrong. Varnadore v. Dep't of Human Resources, 543 So. 2d 1194 (Ala. Civ. App. 1989).