Legal Question in Family Law in Alabama

Child Custody

My brother-in-law had a son by a previous marriage. He is 4 years old. He had full custody up until recently. His ex bagan to ask for custody and they shared for a few months, a week at each house. Recently a judge issued custody to the mom and she is now moving to Indiana with her new husband who the son has never met. Does this sound right to you? There is no condition that would warrant this. The judge on the case is running aganist my brother-in-law's attorney this fall for judge? The son is crying constantly because he does not want to leave his dad. This just does not sound right to me.


Asked on 2/20/09, 11:04 pm

2 Answers from Attorneys
Mari Morrison Mari Morrison

Re: Child Custody

Your brother in law needs to appeal the custody and file a motion to stay the order pending the appeal. I do not know what county this is in, I am in Birmingham. I will be happy to discuss the options with him if you will call me or have him. If he is interested in my services, I will discuss the cost as well

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Answered on 2/21/09, 9:50 am
David Hogg David K. Hogg, LLC

Re: Child Custody

The Alabama Parent-Child Relationship Protection Act places certain restrictions on parents moving away with children. It could provide grounds for an appeal if the judge does not stop her from taking the child away. Also, the judge should recuse himself if he has a bias against the attorney. In certain circumstances judges can be required to get off of cases where the public might reasonably believe that a judge is biased.

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Answered on 2/20/09, 11:11 pm


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