Legal Question in Family Law in Alabama
My ex and I went to court 2 years ago to establish custody of our daughter. He was granted every other weekend visitation.
Last week he joined the army out of the blue and is gone.
Is our custody order null and void now?
I am getting constant phone calls from his mother stating I still have to take my daughter to stay with her now since my ex is gone, and my attorney says i will be in contempt of court if i dont take her to his mother.
The court order is between myself and my ex (not his mother or his family) so I cant understand how this order is still in effect?
2 Answers from Attorneys
You still need to abide by the agreement as written, and grandparents have rights in the state. The only way to change this is to change the agreement, and you would have to file a petition to modify to do that. However, modification of custody in Alabama is extremely difficult once it has been established through an order.
You are correct, I disagree with prior post. Grandparent rights do not exist in this State unless specifically ordered by a Court. If your ex is unable to exercise visitation, i.e., he is not here, does not pick her up, does not reside here, then how can you be expected to produce the child for his visitation. If he does not exercise visitation you are not in contempt. His parents would have to go to court to establish their rights of visitation and that standard is higher than that of a modification order.
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