Legal Question in Family Law in Alabama

Effects of Bankruptcy on Child Custody

If a custodial parent files Bankruptcy, will the Non-Custodial parent THEN be able to get custody of the child? Right now, the mother being the custodial parent filing for bankruptcy, under investigation for credit card fraud, habitually writing bad checks and now unable to provide for the child.


Asked on 8/27/02, 8:10 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Effects of Bankruptcy on Child Custody

The fact that a parent files bankruptcy will not be a ground for a change of custody. Check fraud, if it results in a jail or prison sentence may result in a change of custody. When a parent is sentenced to jail or prison, they are unable to provide care for the child while they are in custody.

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Answered on 8/28/02, 2:23 am
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Effects of Bankruptcy on Child Custody

These are all factors in trying to obtain a change of custody. In Alabama the question is whether the child will be better off with the change, and whether the benefits of the change outweigh the negatives of uprooting a child from a settled environment. You need to consult with an attorney in the area.

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Answered on 8/28/02, 12:42 pm


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