Legal Question in Family Law in Alabama

My name is Lindsey i live in Al. along with my husband Eric, as well as my four beautiful daughters Nadine(16), Shyanne(15), Jessie(13) and Leah(10). Eric is not the biological father of my children although they concider him" Dad". The biological father lives in Georgia last i heard, we were never married and after he has charged multiple times with domestic violence,assault ect., i was granted custody of the girls in a temporary, as well as the perminant restraining order. There was also a order for support granted at that time. Its been 9 yrs and not only has he failed to provide ANY support financially, he has also refused to just take a positive role in their lives at all. I have not really pressed the issue of child support, although we struggle financially to say the least, im not sure what kind of person u have to be to feel no sense of responsibility to four little girls that have given u only unconditional love no matter how many times u hurt them, but if he had to be forced to be a father then he wouldnt be much of a father if that makes since. I am young but not exactly in the best health, i have a heart condition, diabetic, and recently had outpatient surgery to collect tissue samples that i was just informed were malignant and a plan for treatment as well as another surgery is nessesary. What happens to my girls if something happens to me is the question that the doctors cant answer. Can my husband adopt the girls legally? Can the bio fathers rights be removed? Would their Dad even be able to stop their bio father from taking them? What needs to be done legally? Thank you very much for your time and thought.


Asked on 7/18/11, 10:21 am

1 Answer from Attorneys

Mari Morrison Mari Morrison

You should file an adoption proceding in Probate Court alleging the biological father abandoned the children and have your husband adopt the children. Notice has to be given to the biological father. This is very technical and does require and attorney.

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Answered on 7/31/11, 12:54 pm


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