Legal Question in Family Law in Alabama

Re: custody

Being in a gay relationship, in itself, is not a sufficient basis for taking custody away from you. That said, this is Alabama, and the court system here does not have a reputation for being gay-friendly. While that is not a legally sufficient basis for taking custody from you, you may still have to go through a long fight against your father and the courts first.

Additionally, the issue will be expanded when you get to court. Your father will claim it is not just that you are in a gay relationship, but that you are living some decadent "gay lifestyle" that creates a bad environment for the child. You can expect allegations of drug or alcohol abuse, neglect of the child, that you are out partying all the time while he takes care of yoru child, claims that you are living a promiscuous lifestyle in front of the child, and other allegations of that nature.

So, the good news is that being in a gay relationship is not legally sufficient by itself. The bad news is that if your father goes after you in court it will get very dirty and ugly. My advice is that you go see a lawyer now and get someone ready to represent you, in case your father pulls some stunt and catches you off guard with an emergency custody petition. You can win this case, but you need to be prepared. If he is serious about taking your child, then he is out there preparing his case right now, and you need to be doing the same thing.

Good luck to you. If my firm can be of assistance, please give us a call.