Legal Question in Family Law in Alabama
custody cases
baby was born and lives in alabama with mother. father lives in mississippi. dad's been paying child supprt and also keeps baby much of time. baby has father's last name and he's on birth cert. no set child supprt amt has been set and no other paperwork has been filed. dad wants to go for full custody. can dad get mississippi attorney and file, go to court in miss since thats where he lives and works? or must it all be done in ala where baby was born???? thank you for your help in this matter
1 Answer from Attorneys
Re: custody cases
I'm assuming from your post that the father and the mother were never married, and so there is no divorce decree addressing custody.
Jurisdiction over child custody is going to be where the child resides, which according to your post is in Alabama. It does not matter where the child was born, but what does matter is where the child has been living. A petition would need to be filed in the county where the child is living.
If the mother and the father were never married, then the father will need to file a petition in juvenile court to establish paternity, custody, child support, and visitation. Even though he is on the birth certificate, he will still need to file a petition asking for a court order declaring him to be the father. The court will order a DNA test unless both parties stipulate that he is the father. The case can then proceed on to address issues concerning custody and support.
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