Legal Question in Family Law in Alabama

I was incarcerated when given the only notice which i sighed for(legal mail) for family court 10 days prior to court. I requested a court appointed attorney although I was denied due to not giving a 30 day prior notice. In court my legal spouse although we were separted signed our two children temp to his family stating we were in agreement of desion and unable to taken take of them prensently.I was not transported to defend myself, denied a lawyer, and my legal spouse lied given my consent and this was almost one year ago and I am still fighting to regain custody. Can this decesion be over turned because it was a lie, I was not in agreement and I was only given 10 day notice of court and denied an attorney due to a min 30 day notice, and also was not transported to family court to defend myself?


Asked on 12/30/09, 3:40 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

you need to file a motion for custody and then that will start the process. When you file the motion, if you can not afford an attorney, you fill out an indigency form in which it will be determined if you qualify. On the other hand, if you can afford an attorney, you should consult one to help you with the process as there is a lot of information that is unknown by me at this time and can affect the answer that you are seeking.

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Answered on 1/04/10, 5:22 am


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