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R.G. v. CALHOUN CTY. DEPT. OF HUMAN RES.3/27/1998
y a limited time with the father to identify areas of concern; he stopped the counseling in which he had agreed to participate, after only three sessions. The social workers did not have an opportunity to resolve their concerns in the father's favor because he discontinued the counseling sessions.
The trial court heard testimony that the father was immature, that he had little basic parenting knowledge, that he had a history of domestic violence and drinking, and that while he was working he left the 16-month-old son in the home of the man accused of abusing the child's stepsister. Matters of dependency and child custody are within the discretion of the trial court. Where ore tenus evidence is presented, the judgment of the trial court based on that evidence is presumed correct and will be reversed only upon a showing that it was plainly and palpably wrong. G.C. v. G.D., 712 So.2d 1091 (Ala. Civ. App. 1997). The trial court must consider the best interests of the
child and "may find dependency based on the totality of the circumstances." J.M. v. State Dep't of Human Resources, 686 So.2d 1253, 1255 (Ala.Civ.App. 1996). Given the facts of this case, we cannot say that the trial court erred in determining that it was not in the son's best interests to remain in the custody of his father; we affirm the trial court's finding that the son is dependent.
AFFIRMED.
YATES and MONROE, JJ., concur.
ROBERTSON, P.J., and CRAWLEY, J., concur in the result.
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