Legal Question in Real Estate Law in Alabama

About to start a new life, can my family do anything legally just because they d

I am in Alabama, my fiancee is in California. In January he is coming to get my son and I to take us to live in California where he has already gotten a very nice home built, cars, etc, and he has a very good job with Microsoft. I have been here on SSI for the past 4 years, and my family has been a big help to my son and I. With my mother's health going down she has put all her property, including my trailor, in my sister's name. My sister now has some kind of God Complex. My mother nor my sister like my fiance. What I want to know is..can my sister stop he and I from getting my things out of my house when he gets here, and can she do anything legally about my son? She loves him dearly and has threatened to take him away from me if I tried to move with him. My son is not in any danger nor will he ever be. He has always been well taken care of.


Asked on 12/10/02, 12:06 am

1 Answer from Attorneys

Marcel Carroll Marcel Carroll JD, PC

Re: About to start a new life, can my family do anything legally just because th

Your problem is larger than the law. It involves a family. Sounds like your family is close, or has been until now. You don't mention the child's father.

As for the law, you will not be forbidden by law to take your own property with you. You will not be prevented by law from taking your son, unless it is by the child's father, who has the right to request a hearing on the issue of your deprivation of the child from him via this 2000 mile move. Your other relatives would not have success in s similar legal endeavor.

I can only hope for the sake of your child that the father is already voluntarily withdrawn completely from the life of the child. If not, then I hope as a secondary position that you and the father have worked out a plan so that the child and his father can see each other on a regular basis. Never forget the world from the eyes of your child. He is more important than you. He is young and has all of life ahead of him.

I do not wish to be harsh in this response. But if your family is against this move, you should at least ask yourself "Why?". Perhaps it would be best if you moved out to California and left your child behind under a power of attorney in favor of another relative for a short period, such as a month, to be certain that the man out there is more than simply great assets. I expect your family would be much happier with this approach. So might your child.

Good luck in your difficult decisions!

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Answered on 12/10/02, 10:02 am


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