Legal Question in Family Law in Alabama
child custody
MY daughter lives in alabama and her husband has left her, they have a child, my daughter would like to move back home to texas to be with family, they have no legal doc.'s in place for custody but he is Threating to take full custody from her if she moves, what legal action does she need to take to be able to move?
3 Answers from Attorneys
Re: child custody
She just needs to load up and move, he can not do anything as she has full rights of custody at this time and he can not tell her what to do or not do. She needs to stop listening to him.
Re: child custody
I don't know Alabama law.
She will need to live in Texas for 6 months (and in the same county for 90 days) before she can file for divorce.
I have no idea what Alabama will do.
She definately needs to consult with a Alabama attorney and perhaps even a Texas attorney.
I would not encourage her to try to do it herself!
Obviously she does not know the law and she needs professional guidance.
Re: child custody
I just want to add that although she has to reside here for 6 months to file for divorce, she can file a SAPCR immediately, and that would temporarily resolve custody issues.