Legal Question in Family Law in Alabama
My ex husband wants to terminate his rights to our daughter. When we got divorced he did not include my child in the papers because she was not born. We are both military and he has an allotment going toward me for my daughter. Unfornately, he has come upon some financial hardships and he changed the allotment without my knowledge so I went to child support. All I wanted is something set in stone so that he can not change things when he wants. Now he says he doesn't want to have anything to do with my daughter including paying child support due to the fact that i did not agree to him taking her on an out of town trip. She cries everytime he gets her but I never have came between them. But she has never stayed a night with him only hours at a time. So I just wanted him to try it while we are in the same town then we would see about an out of town visit. Plus he has fallen asleep on my daughter once and she is only 15 months. So you can understand my hesitation. How or should I agree to getting his rights from him? What are the normal agreements for custody? Should I just file for full custody and if I have full custody will he still have to pay child support?
1 Answer from Attorneys
Your ex cannot terminate parental rights because he does not want to pay child support. Was the child born before or after the divorce was final? Is the child his child? Were you pregnant with the child when the divorce order became final? Don't attempt to terminate his rights. You may have to petition the court to establish paternity in him of the child and get a child support order. He cannot change the allotment. THe military will order him to support the child no matter what the court's order. You need to consult a lawyer on this.
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