Legal Question in Family Law in Alabama

I have a friend who is separated from his wife. She got him arrested for domestic violence and she is usually the one who is violent toward him. They have court for that soon in which I believe he is going to plea not guilty, he wants their son, they have not seen about custody yet and there are times that he isn't allowed by her to see the child. He helps her pay for the vehicle so his son may have a ride and for a place for them to stay at. He was recently visited by her landlord and told that the she and their son had to be out. He does not want his son in such an unstable predicament, therefore he wants to keep his child until custody has been settled in court. I fear that if he acts before this court date for domestic violence he may then mess up his chances for custody. (the supposed domestic violence was to her from him, not the child.) Please give me some type of advise. Also he wants a lawyer to see about custody and doesn't have the money, any suggestions? Thank you so much


Asked on 3/07/10, 5:29 pm

1 Answer from Attorneys

Mari Morrison Mari Morrison

I would suggest that he proceed with a divorce proceeding and ask for custody. He should plea not guilty and certainly retain a lawyer who is aware of his interest in having custody and what the two cases would mean in relationship to one another.

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Answered on 3/12/10, 7:58 pm


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