Legal Question in Family Law in Alabama

I have legal guardianship of my great nephew. His mother voluntarily signed him over due to mental issues. His father never was in the picture. She went to court and his wages were garnished. There has been very little and sporatic payments made but none voluntary. There has been no contact made between the father and child in several years. The father lives in another state and has three other children by three different women all of whom he owes support but does not pay willingly. The child has been living with me for 16 months. Now the father is threatening to try for custody, what are his chances and what can I do?


Asked on 3/05/10, 9:14 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

This is a fact driven situation that the court will solve with the best interest of the child in mind.It is not possible to tell you what your chances of sucess are. A father who is not in the child's life, avoids support and threatens custody because he does not want to pay support does not have a strong case. However, because a parents rights to a child are so strong, don't discount his ability to get his child. There are some other important factors. What kind of custody do you have? Have you attempted to adopt the child, and let the father off the financial hook? If he files for custody, be ready to fight for the best interest of the child. Stress the contacts the child has in this state and show evidence that moving the child would be harmful. Retain a family law attorney and fight for the child.

Read more
Answered on 3/11/10, 4:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama