Legal Question in Family Law in Alabama

child custody. Help!!

at the time of conception of my daughter...her father and i were both under the age of 18. when i had her i was 18 and he was still only 15. i know that his juvenile records are sealed but he has had gone to juvenile on several occasions and has been to 2 different rehabs that i heard about and has been to psychological institutions. he is underage (will only be 17 at the end of this year) had no job, may or may not still be in school and may or may not be about to get custody.he is not on the birth certificate. i told him about her only a couple of months ago.he had just gotten out of jail and then went right back maybe two weeks after the time that i told him.he has only seen her once and has told his mother that the reason he is tryin to get treament for his emotional problems is so he can be there for his daughter.seeing as how he has been in and out of jail and i have heard of a few emotional and mental problems he may have i am VERY concerned about what might come of the situation with my daughter.not to mention that my fiancee wants to adopt her after we have been married and i dont think he will consent to that.PLEASE HELP ME!I ABSOLUTELY believe that he is NOt capable of taking care of her AT ALL.of course there is more..


Asked on 10/26/06, 12:49 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: child custody. Help!!

first of all, he is not the legal father of the child because he has to be married to you for that status. So, he has no legal interest in the child. Second, if he did not register with Alabama's Putative Father's Registry either before the child was born or I believe 60 days after she was born, then he waives all future rights which he may have had to claim the child as his. But ironically, you do not waive your rights to go after him for child support. But the bottom line is, should you marry then your fiance could certainly adopt the child.

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Answered on 10/26/06, 3:17 pm


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