Legal Question in Family Law in Alabama

Mother and father have two children. Mother and two children leave father, and leave state. Mother and children return, mother gives power of attorney to father's step-mom; father is unaware and not told of this until several months later. Father and mother are still legally married. Father never signed rights of children to anyone. Step-mom refuses to let father have the children. Does father have to fight for custody in court, or can he just go get his children?


Asked on 6/12/10, 4:28 pm

1 Answer from Attorneys

Mari Morrison Mari Morrison

Best answer is to go to court and get the rights changed. You have some problems with whether you have supported the children financially or not. If you have not, that could be abandonment. The fact that you are married does not relieve you of the obligation to provide for the care of your children. I will be happy to answer any other questions if you will contact me through the telephone number on my web page.

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Answered on 6/15/10, 5:04 am


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