Legal Question in Family Law in Alabama
I live in Alabama and i am currently going through a divorce.Neither of us have contacted an attorney as of yet but my wife has caused enough problems to where i had to move into my moms home till this gets settled.I do not want to argue or Fuss in front of our 2 children so i got some cloth's and left.Well she threw my cloths out side for me but i want to know about the Alabama Abandonment laws.Do i need to go back home or stay at my Moms till this gets settled,it has only been 2 days now,but what should i do???
1 Answer from Attorneys
Let me address the abandonment issue. A lot of folks get confused about this. Abandonment means that you leave your family, with the intention to stay gone, and don't come back for more than a year. Abandonment describes a situation where a person leaves his or her family without support for good. It does not include a situation like yours. If you leave and go to your moms to keep peace in the family you have not committed abandonment.
You should go find an attorney and get a divorce. If she is a clear and present danger to the safety of the children, you should ask for immediate temporary custody. You should receive parenting time with your kids and be prepared to pay child support unless they are awarded to you. There is no preference for the mother under Alabama law. Good luck.
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