Code of Alabama

Ala. Code § 26-18-3 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Repealed by Act 2008-277, §30, effective January 1, 2009.

(Acts 1984, No. 84-261, p. 442, §3.)

Notes of Decisions
Cited in 61 cases (1 in the last 5 years), 1989–2025 · leading case: Jl v. State Dept. of Human Resources, 961 So. 2d 839 (Ala. Civ. App. 2007).
Jl v. State Dept. of Human Resources, 961 So. 2d 839 (Ala. Civ. App. 2007). · cites it 10× “Abandonment, on the other hand, is a concept defined in § 26-18-3(1), Ala.Code 1975, which states: "Abandonment.”
HH v. Baldwin Cnty. DHR, 989 So. 2d 1094 (Ala. Civ. App. 2008). · cites it 5× “" Ala.Code 1975, § 26-18-3(1). As this court has noted, § 26-18-3(1) sets out multiple, alternative grounds upon which a trial court may find that a parent has abandoned the child.”
Ex Parte Beasley, 564 So. 2d 950 (Ala. 1990). · cites it 2× “At the conclusion of that hearing, the court granted the mother's petition on the ground that there was evidence that Byron had "abandoned" his son, as that word is defined in Ala.Code 1975, § 26-18-3(1), and that his abandonment constituted sufficient grounds to terminate…”
G.P. v. Houston Cnty. Dep't of Human Resources, 42 So. 3d 112 (Ala. Civ. App. 2010). · cites it 4× “[2] Section 26-18-3, Ala.Code 1975, was repealed by Act No.”
J.B. v. DeKalb Cnty. Dep't of Human Resources, 12 So. 3d 100 (Ala. Civ. App. 2008). · cites it 6× “” Ala.Code 1975, § 26-18-3(1). In Ex -parte F.”
L.M. v. D.D.F., 840 So. 2d 171 (Ala. Civ. App. 2002). · cites it 3× “§ 26-18-3(1), Ala.Code 1975. Due to the serious nature of the action of terminating a parent’s parental rights, this court must carefully review the unique set of facts established in each ease in determining whether clear and convincing evidence was presented to support the…”
Ex Parte L.E.O., 61 So. 3d 1042 (Ala. 2010). · cites it 2× “his presence, care, love, protection, maintenance, or the opportunity for the display of filial affection,’ had Tail[ed] to claim the rights of a parent,’ and had ‘fail[ed] to perform the duties of a parent.”
C.V. v. J.M.J., 810 So. 2d 700 (Ala. 2001). · cites it 6× “defined [in § 26-18-3(1)] and such abandonment continues for a period of six months next preceding the filing of the petition [to terminate the parents’ parental rights].”
Jb v. Jefferson Cnty. Dhr, 869 So. 2d 475 (Ala. Civ. App. 2003). · cites it 2× “" Ala.Code 1975, § 26-18-3(1). The CPA further provides a rebuttable presumption that a parent is unable or unwilling to discharge his parental responsibilities if the parent has abandoned his child for a period of four months preceding the filing of the petition to terminate…”
S.D.P. v. U.R.S., 18 So. 3d 936 (Ala. Civ. App. 2009). · cites it 7× “Stephenson’s conduct toward his son may satisfy the criteria set forth in Ala. Code (1975), §§ 26-18-3 and 26-18-7(c), as constituting ‘abandonment,’ termination of his parental rights appears to be overwhelmingly for the convenience of the parents.”
J.E. v. V.C.E., 1 So. 3d 1002 (Ala. 2008). · cites it 3× “” Ala.Code 1975, § 26-18-3. In this case, the district court concluded that the father abandoned the child by voluntarily relinquishing his parental rights when he failed to seek the reinstatement of his -visitation rights.”
A.A. v. Cleburne Cnty. Dhr, 912 So. 2d 261 (Ala. Civ. App. 2005). · cites it 2× “" Ala.Code 1975, § 26-18-3(1). Subsection (c) of § 26-18-7 states that "[i]n any case where the parents have abandoned a child and such abandonment continues for a period of four months next preceding the filing of the petition, such facts shall constitute a rebuttable…”
— Ala. Code § 26-18-3(1) — 54 cases
Jl v. State Dept. of Human Resources, 961 So. 2d 839 (Ala. Civ. App. 2007). “Abandonment, on the other hand, is a concept defined in § 26-18-3(1), Ala.Code 1975, which states: "Abandonment.”
HH v. Baldwin Cnty. DHR, 989 So. 2d 1094 (Ala. Civ. App. 2008). “" Ala.Code 1975, § 26-18-3(1). As this court has noted, § 26-18-3(1) sets out multiple, alternative grounds upon which a trial court may find that a parent has abandoned the child.”
Ex Parte Beasley, 564 So. 2d 950 (Ala. 1990). “At the conclusion of that hearing, the court granted the mother's petition on the ground that there was evidence that Byron had "abandoned" his son, as that word is defined in Ala.Code 1975, § 26-18-3(1), and that his abandonment constituted sufficient grounds to terminate…”
J.B. v. DeKalb Cnty. Dep't of Human Resources, 12 So. 3d 100 (Ala. Civ. App. 2008). “” Ala.Code 1975, § 26-18-3(1). In Ex -parte F.”
L.M. v. D.D.F., 840 So. 2d 171 (Ala. Civ. App. 2002). “§ 26-18-3(1), Ala.Code 1975. Due to the serious nature of the action of terminating a parent’s parental rights, this court must carefully review the unique set of facts established in each ease in determining whether clear and convincing evidence was presented to support the…”
— Ala. Code § 26-18-3(6) — 2 cases
In re T.M., 665 A.2d 207 (D.C. 1995).
In Re Tm, 665 A.2d 207 (D.C. 1995).
— Ala. Code § 26-18-3(l) — 2 cases
F.P. v. J.K.M., 857 So. 2d 125 (Ala. 2003).
F.P. v. J.K.M., 857 So. 2d 110 (Ala. Civ. App. 2001).
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