Legal Question in Family Law in Alabama

custody of my daughter

I'm in Alabama with my daughter and my wife is in mexico. We are not together. My daughter came to visit. Now my wife wants her back, But, I feel that if I send her back, I may never see her again. My wife kept her from me when I was still living in mexico and it's taken me 8mths to see her. My lawyers at that time said she can't keep her from. But, If I went to pick her up and she said no. There was nothing I could do until we went to court. Well, we still have not gone to court and now I live 2000+ miles away. But, now my daughters with me. I don't want to keep my daughter from her mom. I just want whats best for her. I know her mom does'nt feel the same. So, Is it possible for me to gain custody of her while she's in my possession.


Asked on 10/13/08, 4:10 pm

2 Answers from Attorneys

William Pfeifer Pfeifer LLC

Re: custody of my daughter

This is more complicated than the average question that gets posted on this site, and I would need more information to be able to answer your question correctly. I'll be glad to talk to you about it to see what can be done, but I do not recommend discussing it further on this site because this is a public forum where anyone can read what is posted. I would prefer for you to contact me privately.

Some of the questions I would need to know the answer to include (a) are you still married to your wife, (b) do you have a separation agreement or divorce agreement that deals with the child, (c) are you going through a divorce or any kind of litigation right now over the child, (d) how long have you and your daughter been here, and (e) what is your legal status in the U.S. If there are any written agreements, orders, or other documents related to custody, I would need to take a look at those also.

If you would like to discuss this with me, please call my office or send me an email. You can also provide details to me confidentially by going to http://www.alabamavirtuallaw.com and registering for a client account. It is a tool I offer in my law practice for discussing legal issues with clients privately on the internet. We can use that system to have a private discussion about this matter online.

I look forward to hearing from you.

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Answered on 10/13/08, 6:50 pm
Mari Morrison Mari Morrison

Re: custody of my daughter

Unless the child has resided here for 6 months or more, you have to go back to New Mexico and file for custody there in the county of her residence. I would imagine you can file for custody there and get an order for temporary custody until the matter comes to court but you will need a lawyer from there to answer those questions. I can answer the Alabama questions, but only if the child has resided here for 6 months or more can you file here.

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Answered on 10/13/08, 11:14 pm


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