Legal Question in Family Law in Alabama

Grandparents rights for custody

I was divorced in Alabama in 1992. I remarried and moved from Alabama 3 1/2 years ago. My ex mother in law in 1997 petitioned the court for custody but was awarded visitation. She is still not satified and I have received another petition for CUSTODY. The fathers rights were denied by the Alabama court in the last decree because of his long history of drug addiction. She is doing this because I have remarried and have another baby and she is determined to tear my life apart. Under what circumstances can a grandmother get custody of a grandchild? I can seem to only get vage answers I need specific reasons for how a grand[parent can get custody over a natural mother. My child is almost 8 and I have had sole custody since my divorce in 1992. Next question...I live in Michigan and have for over a year does Alabama still have jurisdiction over this case? the UCCJA was not implied in any of the orders not the original divorce or the modification for the grandparents vivsitation. I need answers, please help.


Asked on 5/18/99, 1:17 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Grandparents rights for custody

Normally, providing the custodial parent is meeting the needs of the child and is otherwise suitable a change of custody is not proper. In Michigan the standard for change of custody is clear and convincing. This is a high burden to meet by the petitioner and thus, the respondent (custodial parent) prevails. Exceptions occur when the custodial parent flagrantly disregards the orders of the court. You may also request that the case be transferred to Michigan as the child now resides in that State. Hopefully, you complied with the Judgment of Divorce when you relocated to Michigan and obtained permission from the Court in Alabama. You should contact an attorney immediately and sit down with him/her to discuss your options. You should bring with you all paperwork relative to the custody issue as well as any papers you have been recently served with. Good luck.

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Answered on 5/24/99, 8:45 pm


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