Legal Question in Family Law in Alabama
Mistake in Judgement
I filed for a divorce advocating my common law marriage in Alabama. My spouse had fled Alabama with our children before I filed. I used newspaper publications and other methods trying to inform her of the upcoming divorce/custody hearing. The judge awarded me a no default divorce and custody of my children. My Ex who kept my children in her possession fought me from Louisianna where I later found her. The local judge has allowed more than 3 and one half years of me having custody of my children to pass, before she (the judge) layed aside my custody order and charged me with 3 and one half years of child support arrearage, not to mention the support. Can a judge in Alabama lay aside a judgement after three and one half years, when she originally gave me custody of my children and my ex was ordered to pay support. Is there a law the judge here may have violated? Is this a mistake in judgement?
1 Answer from Attorneys
Re: Mistake in Judgement
If the divorce and custody suit was file here within six months of her leaving with the children, venue is here and the Louisiana courts are with authority to override an Alabama order. If it was more than six months before you filed for divorce and custody and she had lived in Louisiana for more than six months, venue would be proper there. Did you know they were in Louisiana? Do you have a lawyer there? If not, you should
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
