Legal Question in Family Law in Alabama

Different States and custody/visitation

Child born in NC (10 months old)and parents not yet divorced. Mother and child in AL (Less than 6 months), father in IN. Where should proceedings be held with repsect to visitation, etc. Mother threatening very limited visitation and states AL law is on her side. I worry that I may not get enough time with child. I provide support now (without agreement) and visit once per month, more if able. Help


Asked on 3/13/02, 10:44 am

1 Answer from Attorneys
Dorene Philpot Philpot Law Office

Re: Different States and custody/visitation

Based solely on the information you gave, if YOU file the divorce, you have to file it in her state. If she files it, she has to file it in your state. That's because the other state wouldn't have jurisdiction over you and her.

So, in essence, if you initiate, you must go to her jurisdiction and vice versa.

Hope this helps answer your questions.

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Answered on 3/14/02, 7:04 am


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