Legal Question in Family Law in Alabama

Non custodial parent

I have no rights. I pay child support -- no problem, every month via direct deposit. My question is, My ex husband resides in Colorado, and I in Alabama. He and are are on good speaking terms. But, due to the distance, I do not get to see my son as often as I would like. My ex is in the military and is being deployed to Iraq for 6 months. At which point he is leaving my son with a woman he has been seeing for a short time. I would like my son to stay with me if at all possible. I've missed so much of his life already. Now, would a court system allow for my ex husband to leave our son with his girlfriend over his mother?


Asked on 4/30/09, 10:17 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: Non custodial parent

As the biological parent, your rights are far superior to those of your exhusband's girlfriend. Your exhusband's girlfriend has no more legal right to your child than any other person walking down the street. If he will not voluntarily sign custody over to you, at least for while he is in Iraq, you need to file a petition to get a court to order your son into your custody. I would suggest that you contact your lawyer immediately, and see what steps you need to take to get the process started.

Good luck to you.

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Answered on 4/30/09, 11:28 pm


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