Legal Question in Family Law in Alabama
Custodial Rights of Father to Take Child Under Three Out of State
My divorce was in Alabama. My son is 1 1/2 years old. My ex-husband is trying to take him to Louisiana for Thanksgiving weekend even though the divorce decree states that he can only have him for 8 hours every other weekend. Am I required to let my son go with him if I am concerned that he will be keeping him longer than he has the right or should I go to court and have visitation rights changed to ''supervised visits'' only?
2 Answers from Attorneys
Re: Custodial Rights of Father to Take Child Under Three Out of State
You cannot "pre-guess" your ex's actions, and thereby deny custody. If you have proof POSITIVE that he is going to disobey the order, you would need to file for an immediate hearing with the court in this regard. If you do not give your husband visitation with the child, you will probably be in violation of the order, and subject to court sanctions. If you have more questions please call me. No fee for consult
Leigh Love 205-733-1131
Re: Custodial Rights of Father to Take Child Under Three Out of State
You cannot violate the terms of the settlement/court order just because you think your ex-husband might. However, if he does violate the decree you could file an action in court asking that he be held in contempt for willfully violating the decree. You could also ask for a modification at the same time.
I hope this helps. If you have any other questions or would like to discuss this issue further, you can reach me at (334) 361-3535.
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