In Re D.Y.H.

Case Number
W2005-00684-SC-R11-CV

The father was granted custody of his minor child in juvenile court after the court found the daughter to be dependent and neglected. Three years after the order was entered, the mother filed a petition for change of custody in juvenile court, which was denied. The mother appealed the juvenile court’s order to circuit court. The circuit court dismissed the appeal concluding that it lacked jurisdiction to hear the appeal because the petition filed by the mother was not a part of the dependency and neglect proceeding. The Court of Appeals affirmed the circuit court. We reverse the judgment of the Court of Appeals and hold that the subsequent custody decision was a part of the dependency and neglect proceeding so that it is properly appealable to circuit court for a de novo hearing.

Authoring Judge
Justice William M. Barker
Originating Judge
Judge Roy B. Morgan, Jr.
Case Name
In Re D.Y.H.
Date Filed
Dissent or Concur
No
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