Legal Question in Family Law in Alabama
Fathers rights
My daughter lives with my exwife but I have custody. We signed papers to change custody to her, but she has not filed these papres. We are paying support and upholding our end of the new terms.What I need to know is this: DO we still have to pay the support and allow her to claim the child on taxes when the papers on file give custody and those rights to me? I don't want to force my daughter to live with me when she wants to be with her mother.Yet I don't undrestand what my rights are with my ex not having the papers filed. She has had said papers since April.
1 Answer from Attorneys
Re: Fathers rights
if you had a lawyer draw the papers he or she should get the papers executed and filed. if you did not have an attorney then your only recourse is to call your x wife, or start over with an attorney and a new consent petition to modify. until the new petition to modify is filed and approved by the court with a court order, the old court order will still be in effect and all of its terms. please call me so that i can look at your old decree and assist you further.
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