Legal Question in Family Law in Alabama
Joint Custody
My wife recently excepted her sexual orientation and we've agreed to an uncontested divorce and joint custody of our two year old son. Next month, I'll be moving into another apartment and she intends to move in with her girlfriend and take our son to live with her. I'm not against her sexuality nor do I judge her but I don't want my son exposed to that before he's old enough to understand. Can she take him if I don't agree?
1 Answer from Attorneys
Re: Joint Custody
Don't sign a settlement agreement if you think the arrangement is not in your child's best interest. Get legal advice. You may need to have a contested divorce. The recent trend is to limit custody and visitation in situations involving sexual activity between a parent and a third party only if the child is actually exposed in some way to the activity or adversely affected by it. You may wish to fight for custody now because it is harder to change custody than it is to get custody in the divorce. We have gotten custody for dads in several cases.
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