Legal Question in Family Law in Alabama
my daughter has 2 children with a man she has been with off and on for 2 yrs. she recently moved home with me her mother now the childrens father is threating to take the children from her. he is on the birth certificate and they do have his last name. he has never been a father and left my daughter when she was 7 mnths pregnant with there 2 child to move in with his new girlfriend where is currently living and has no job. can he take the children away from her? what rights does she have ? can she ask for supervised visitation sense the children are only 3 mnths and 2 yrs , she is the only parent they really have ever known. please help dont know waht to do.
1 Answer from Attorneys
No, he can't take the children without due process...meaning a court rendered decision. Your daughter should more first to establish custody and the visitation schedule through court proceedings.