Alabama Child Custody Legal Questions

If the court has ordered you to attend sessions with the parenting coordinator then yes, missing a session may have an impact on your custody proceedings. However, if the sessions with the parenting coordinator are completely voluntary, then you should be able to show the judge an invoice for the sessions and show that you cannot afford the sessions based on your income.... Read More

If there is no custody agreement that designates visitation, then no. You do not have to allow him to have time with her. Warning though, if you deny him too much, he will probably file for visitation through a paternity action. If you seek child support, then visitation may be set at that time as well.... Read More

Not good. Even if your brother-in-law goes to trial and is found not guilty, the juvenile court process operates separately and differently. Juvenile Court is considered a civil case and the standard of proof is lower, plus different information than is available to the jury in a criminal is available to a Juvenile Court judge. OTOH, if your brother-in-law undergoes the psych therapy that he is thought to need and deals with whatever anger issue he has, or persuades the judge that he has dealt with it, then there is a better chance of getting the child home. Your sister may be faced with a stark choice. She may be required to choose between getting her child back and keeping her husband. It is not a fair or good choice, and no-one should have to make it, but it is a real choice. Also separation from the husband while he "works on his issues" can keep the child with a parent until the social workers and judges give up and allow him home. You also may need to consider whether you or one or both of your parents or another family member should petition the court for custody of the child while everything else is going on. Family placements are often less traumatic to the child, as well as providing more supportive supervised access to the parents from whom the child was taken. You may get flack and push back, so be prepared. The lawyer's for your sister and her husband can help push for a family placement.... Read More

Depends on the age of the child. In Alabama there is not a specific age in which a child can request that the Court allow them to live with the other parent. It will depend on the age and maturity of the child as well as providing the Court with mature reasons why they want to have a change in custody.... Read More