Legal Question in Family Law in Alabama

My husband and I are in the middle of a divorce. He got temporary sole custody of our three year old daughter because I am a recovering addict (sober 8 months now). I had just had a 24 hour relapse a week before he filed the divorce so the judge ruled in his favor. I am almost 9 months pregnant with our second daughter and he wants sole custody of her, too. However, after filing extensions for 7 1/2 months, the judge has set mediation for January 28th, 2011. The baby is due December 5th, 2010.

All the sudden my husband is in a rush to 'decide where the baby will live' after she's born. I say she'll be with me! I have been taking drug screenings, voluntarily, for almost 8 months, I completed outpatient drug treatment in August, have been attending meetings, taking weekly drug tests to prove my sobriety and am going to continued care classes, weekly. Also, I have had my three year-old every Tuesday and Thursday under supervised visitation for the last 3 months and have abided by all the judge's orders concerning this.

My husband wants to meet alone, "without lawers," he said, to discuss the living situation for the new baby. The last two times he and I met with our marriage counselor he's changed the topics he told me he would be bringing up so that I would be taken off-guard. He even took notes on what I was saying, how I reacted, etc. Thankfully, he didn't get anything he could use, that I know of.

I'm not sure he doesn't have an alterior agenda for meeting with me without the lawyers or counselors. He knows I'm not just going to hand over the baby. The last time I left him alone with one of our children, he got temporary sole custody and surprised me with divorce papers.

Any help? I don't have to hand anything over, right? He's not helping me financially, even took 44K from our joint account before the papers were filed for divorce. He has said he's not even sure this baby is his, but it IS! His lawyers are asking for a DNA test once the baby is born.

Can he withhold visitation with my three year-old if I say he cannot have this baby?


Asked on 11/09/10, 5:45 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

You MUST go see a lawyer about this. THis is a very complicated situation. If you expect to have custody of your children you need legal help, and you need it NOW.

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Answered on 11/15/10, 6:36 am


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