Legal Question in Family Law in Alabama

When DHR intervenes and removes a child from a home, they will attempt to place the child with relatives whenever possible. If you are able to pass their screening test and can provide a good home for the child, there is a strong possibility that DHR would approve you to take care of the child until the mother can get her life in order.

Also, keep in mind that any removal of the child from the mother must be given court approval. There would be a hearing in front of a juvenile court judge who would make a determination as to whether the child should be removed from the home and, if so, where the child should live.

Depending on the situation, you may also have the ability to file a dependency petition with the court. Rather than waiting to see if DHR acts, you can file a dependency petition alleging that the child is not receiving proper care and is in danger of harm without court intervention. You would then have the opportunity to present your case to the juvenile court judge as to why the mother should not have custody and you should.

If you believe DHR is going to get involved in the case, I would encourage you to get a family law attorney involved as soon as possible. If DHR takes the child, the removal will be set for a hearing very quickly - possibly before you have had an opportunity to hire an attorney. If you already have a lawyer lined up and ready to go to work, you could increase your chances to gain custody of the child or to block DHR from removing the child in the first place.

Our office handles family law claims. If you would like to discuss this matter with us further, please call or send us an email. Good luck to you.