Legal Question in Family Law in Alabama

Child Custody

Can I get custody of my 3 children if my ex wife isn't working? She has remarried and has a baby with him. He has a 15 year old son that lives with him. So there are 7 of them total. Her husband has recently lost his job and she doesn't work. I pay $1250 a month in child support. I just found out that they are moving in with his mother. So the quarters are going to be extremely tight. I am able to support my children without the assistance of the government at all. So can you tell me if it would be a waste of my time to try to do this.


Asked on 2/17/09, 4:35 pm

1 Answer from Attorneys
David Hogg David K. Hogg, LLC

Re: Child Custody

It would not be a waste of time. We have gotten custody for the father in a number of cases. The law requires that you show a change in material circumstances since the last custody order which cause it to be in the child's best interest for custody to change and that the positive good brought about by the change in custody would offset the disruptive effects of uprooting the child. The situation you described sounds like you could meet that criteria, but all the facts would have to be taken into account.

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Answered on 2/17/09, 7:21 pm


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