Legal Question in Family Law in Alabama

Is a formal change of custody filing necessary?

My son of 16 years decided he wanted to live with his mother. Rather than just say so to the court he opted to make up things to attempt a protection order from me. The judge saw it for what it was but said he is grown and I needed to let go and she gave custody to the mother.

Things have been fine, I have accepted that my son is going to do whatever he wants. But now he and his mother want to file a formal change of custody. They said the other one is only good for a year. I said there is no need as the judge goes by the child's wishes now and I am satisfied with the current arrangements. I also would not spend money to fight for a 17 year old who does not want to live with me.


Asked on 5/03/10, 5:22 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

If the judge "gave custody to the mother" there has already been a change of custody. What does the court's order say? Was the change part of an order under a PFA? If it was, then you will have to go back to court to change custody. You and the mother can do this with a joint petition. If you do it yourselves, it will only cost you the filing fee. But yes, a change is necessary.

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Answered on 5/11/10, 8:25 am


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