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RECENT VERDICTS :

Statutory Rape (Dismissed) :: Murder (Reversed on Appeal, Mistrial, Client Freed on Time Served) :: Murder (Client Exonerated) :: Fraud by Public Official (Client Exonerated) :: Rape (Charge Reduced to Misdemeanor; Probation) :: Assault with Intent to Murder (Dismissed at Trial) :: Medicare Fraud and Abuse (Dismissed) :: Child Abuse Charge v. Police Official (Dismissed Before Trial) :: DUI Murder Charge (Reduced to Misdemeanor; Probation) :: Federal Indictment of Sheriff (Dismissed with Prejudice at Trial) :: Truck/Car Wreck Causing Quadriplegia (Multi-Million Dollar Settlement) :: Medicare Fraud and Abuse Investigation (Dismissed) :: Illegal Gambling Charges and Criminal Forfeiture (Dismissed and Property Returned) :: Theft of Property, 1st Degree (Dismissed) :: Assault (Dismissed) :: Capital Murder (Reduced to Manslaughter) :: Domestic Violence (Dismissed) :: Unlawful Possession of Marijuana; Public Intoxication (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Domestic Violence (Dismissed) :: Domestic Violence; Harassment; Criminal Coercion (Dismissed) :: Driving Under the Influence (Dismissed) :: Criminal Trespassing; Disorderly Conduct (Dismissed) :: Trafficking Marijuana; Traffic Cocaine (Cases Dismissed) :: Failure to Register (Dismissed) :: Federal Unlawful Distribution of a Controlled Substance; 3 Counts (Acquittal-Dismissed with Prejudice) :: Federal Unlawful Possession of Controlled Substance-Crack Cocaine (Dismissed) :: Rape, 1st Degree (Dismissed) :: Public Intoxication (Dismissed) :: Theft of Property (Dismissed) :: Time Restrictions Employment; Minor Employed/Alcoholic Beverages Sold (Dismissed) :: Minor in Possession (Dismissed) :: Assault, 2nd Degree (Dismissed) :: Theft of Property (Dismissed) :: Driving Under the Influence (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Attempted Rape 1st Degree, Sodomy 1st Degree, Attempted Burglary (Attempted Rape amended to Assault 3rd, Remaining cases Dismissed) :: Assault (Dismissed) :: Driving Under the Influence, 2nd Offense (Dismissed) :: Domestic Violence (Dismissed) :: Gambling Possession; Gambling Promoting; Criminal Forfeiture; Unlawful Possession of Firearm; Unlawful Possession of Marijuana and Unlawful Possession of Paraphernalia (All Felony Charges Dismissed; Unsupervised Probation on Misdemeanor Charges; Forfeiture Property Returned) :: Domestic Violence/Harassment (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Theft of Property, 1st (Amended to the Misdemeanor charge of Theft of Property, 3rd) :: Interfering with Custody (Amended to the Misdemeanor charge of Obstruction of Government Operations) :: Unlawful Distribution of a Controlled Substance (Unsupervised Probation Granted; Dismissal of Unlawful Distribution of Marijuana and Possession of Paraphernalia) :: Theft of Property (Dismissed) :: Sexual Abuse of a Minor (Dismissed) :: Harassing Communications (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Unlawful Possession of Marijuana (Dismissed) :: Capital Murder (Acquittal) :: Making Terrorist Threat; Domestic Violence 3rd (Dismissed on Plea to Public Intoxication) :: Child Abuse 1st Degree (No Billed) :: Harassment (Dismissed)

When accusations of rape are at issue in child custody proceedings, P.2

We previously began looking at child custody disputes where there are allegations of rape. In states which allow for the termination of parental rights in such circumstances, one of the first orders of business is paternity. If paternity can be confirmed, it is then a question of whether there is any evidence of rape.

As we noted last time, there is no law in Alabama which allow for the termination of parental rights in cases where there are allegations of rape. For this reason, it is all the more important for rape victims to work with an experienced attorney to minimize the amount of parenting time the court allows for the accused parent. 

In any child custody case, the best interests of the child is the central factor the court will consider in any custody arrangement. Although Alabama courts do not have authority to terminate the parental rights of a parent based on accusations of rape, they can order a custody arrangement in which the child has minimal contact with the accused parent, if it is in the best interests of the child. Parents facing such a situation should secure experienced legal counsel to advocate for their interests in such cases.

By the same token, parents who have been falsely accused of rape should seek experienced legal counsel not only with any criminal proceedings which arise in connection with accusations of rape, but also with respect to child custody proceedings. An experienced advocate can work to minimize the impact of rape allegations on the court’s custody determination.  

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The Bloomston Firm
2151 Highland Avenue South Suite 310
Birmingham, AL 35205

Toll Free: 877-315-0043
Phone: 205-994-6142
Fax: 205-212-9701
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