Alabama Supreme Court Affirms Termination of Parental Rights for Incarcerated Parent

Termination of parental rights is one of the most serious and permanent actions a court can take. In Alabama, these cases are always complex—especially when a parent is incarcerated. In Ex parte D.H. , decided in early 2024, the Alabama Supreme Court addressed just such a case and upheld a lower court’s decision to terminate a father’s parental rights.

At Ryan & Rouse, we help parents navigate the most sensitive and high-stakes aspects of family law—including dependency, custody, and termination of parental rights (TPR) cases across North Alabama.

Case Background: Ex parte D.H. , SC-2023-0867 (2024)

In this case, the father (D.H.) had been incarcerated since before his child’s birth. The child was born in the custody of the Alabama Department of Human Resources (DHR), and the mother’s rights were also terminated shortly after birth.

The father challenged the TPR proceedings, arguing that because he had never been given a chance to parent the child, the state could not prove he was unfit.

However, DHR presented evidence that:

• The father had a lengthy history of incarceration, including for violent offenses.

• He had no meaningful relationship with the child.

• There was no foreseeable release date or ability to care for the child in the near future.

⚖️ The Supreme Court’s Decision

The Alabama Supreme Court upheld the termination of the father’s rights.

The Court reaffirmed several key principles:

• A parent’s incarceration alone is not always enough to justify termination—but it is a significant factor, especially when it prevents the parent from providing for the child’s needs.

• The best interests of the child take priority over a biological connection—especially when there's no existing relationship.

• Courts are not required to delay permanency for a child in the hope that a parent may rehabilitate sometime in the distant future.

What This Means for Alabama Families

This decision confirms that:

✅ Courts will consider incarceration history, future prospects, and actual involvement in a child’s life when making TPR decisions.
✅ DHR does not have to wait indefinitely if a parent is unavailable or unable to care for the child.
✅ Even a biological connection isn’t enough if a parent cannot offer stability, safety, and care.

Ryan & Rouse: Advocates in Complex Parental Rights Cases

At Ryan & Rouse, we represent parents and guardians in all stages of family law litigation, including:

• Termination of Parental Rights (TPR)

• DHR involvement and juvenile court proceedings

• Custody disputes involving absent or incarcerated parents

• Guardian ad litem and dependency cases

We fight for what’s in the best interest of the child, and we provide guidance when parental rights are at risk—whether you're fighting to preserve your rights or seeking to protect a child.

📞 Need Help With a Parental Rights Case?

Termination of parental rights is permanent and life-changing. If DHR has become involved in your case—or if you're trying to protect a child from an unfit parent—don’t go it alone.

📲 Call Ryan & Rouse today (256-801-1000) for a confidential consultation with our experienced family law attorney, Aaron Ryan.
We’re here to stand with families across Huntsville, Decatur, Athens, and all of North Alabama.