Legal Question in Family Law in Alabama

The mother of my child and I currently have shared custody of our 3 yr old. However, she has been frequently using drugs, using drugs in front of our son, using my child support money to buy the drugs, and she has been arrested. DHR investigated her a year ago when my son mysteriously broke his left orribital bone in his face while in her care, but they said nothing could be proven. In the last month, DHR was involved again and I have had temporary custody of my son while she was supposed to go to rehab (which she did not finish). My ex has been spending the child support money during this time as well instead of giving it to me. DHR is extremely uncooperative and I can never get in touch with them. What can I do to get my child support money while I am keeping my son, and what can I do to get full custody of him?


Asked on 4/09/10, 5:18 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

You should file for a modification to give you custody. If you were married and through a divorce decree have shared custody, then you need to go back to that court and file for full custody. If the shared custody came about as a result of a determination of paternity and child support was ordered in a juvenile or family court, then you need to file a petition to modify that order. More than likely, because you are dealing with DHR, you will have to have an attorney. If I can be of service, contact me through the telephone number available on my web site.

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Answered on 4/14/10, 6:36 pm


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