Alabama Child Custody Legal Questions

In Alabama the legal standard in changing custody from one person to another involves much more than the wants of the child or even the environment that the one seeking custody can provide. In fact it has just as much to do -- if not more -- with the environment that the child is currently in. In order to more fully answer this question I would need to know what it's like at the grandmother's home for the child and if there are any concerns in that environment or how she is raising him. Because these sorts of cases are so fact specific it's important to sit down with a lawyer to discuss details like what I've mentioned here. I'd be happy to have that conversation. ... Read Answer

What you will need to do is establish paternity. By having her ex sign the birth certificate, she is portraying that the child father is her ex not you. Which is why a partenity needs to be established. And once that is done, you need to get your name on the birth certificate and request equal rights such as a Joint-Custody with the child. You can expect to pay anywhere from $3,500 to $7,500 as fathers-rights are harder to enforce and not many attorneys specialize in fathers rights. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

As an option, you guys can try Mediation or Counselling. If not, when the matter goes to court, the court will appoint an attorney for the child, which will represent the views of the child to the judge. If you can't afford a private lawyer than you should seek a probono attorney or legal aid, the free lawyer if you qualify by income.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Yes, you can file an adoption. Most residency requirements only require you to have physical custody of the children for 1 year. Past that, you can file an adoption. Everyone will have to show up at the hearing to prove why the adoption would not be in the children's best interest. If there is no financial support that would be an excellent reason for their objection to be denied.... Read Answer

You need a lawyer. Call one today. You need to file for divorce and get the "ball" moving. Her being pregnant and still being married to you could result in you being the legal father. You will need to file for divorce, have a guardian ad litem appointed to represent the unborn child. The GAL will have DNA testing done prior to the finalization of your divorce and you will be adjudicated NOT to be the legal father during that process. If what you believe is true, you would be the candidate for custody of your children during your OWN divorce.... Read Answer

Short answer is yes. As a matter of fact, noncompliance with the Relocation Act and the notices that are required may qualify for an ex parte custody order that would allow you to retrieve your children until a full hearing on the merits. Contact an attorney immediately or it will be seen that you have waived any objection to the move.... Read Answer

You should really speak with a lawyer in your local jurisdiction about any local jurisdictional requirements. However, in general, in Alabama, in a situation like this you can file a Petition for Writ of Habeas Corpus. The Court would then issue an order requiring your son to appear in court and bring the child to court with him.... Read Answer

You can get your attorney to file for an emergency injunction to stop him from removing the children from the Alabama Court's jurisdiction. It is highly advisable since once they have been removed from Alabama, it will take an extraordinary amount of time to get them returned. I would not hesitate to have my judge temporarily suspend visitation if this is a true concern of yours. Until custody is established, both parents have equal rights to the children.... Read Answer