Legal Question in Family Law in Alabama
My ex husband is a known alcoholic and drug addict. After I had begged and pleaded with him to get help, I finally realized that it was past time to get my children and myself out of the situation. To get him to sign the papers, I agreed to a 7-on 7-off schedule with him for custody. I also agreed to him giving $200 a month child support for our daughter (I was pregnant with my son before we met, so he isn't in the divorce papers, due to the fact that my ex has no legal rights to him, even tho I still let him go with his "father" to keep an eye on my daughter). Long story short, after papers were finalized, he slacked up on paying child support, and never once has he kept them a full week (not complaining about that because I would much rather them be home with me than with my ex husband). To date, he is $820 behind in child support. My question is, is there any way I can file for sole custody of our daughter. If I can get sole custody of her, I would give up what money is owed. I dont want the money if I can get his rights revoked. He has many things on his record and I fear for my children's lives when they are with him
1 Answer from Attorneys
Your husband is behing on child support, therefore you could file a petition for rule nisi against him to have him held in contempt. To settle that matter you may be able to have him sign over custody to you.
To change custody outright you would have to file a petition to modify the custody. Modification of custody in Alabama is very difficult and you face an uphill, but not impossible, battle.
My advice is to seek a competent lawyer to see if you can negotiate something with your former spouse to settle this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
