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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Mother Who Has Custody Dies in Alabama, Does Father Get Custody

    My question involves a child custody case from the State of: AL

    My son had a child by a woman he was not married to. They split up and she moved to a different state AL, when the child was 1 1/2 years old. My son has been paying child support but has never filed for visitation rights since he was very immature at the time and did not have a lot of money. He was never given an address or phone number to keep in touch with his child after about a year. My husband and I had not talked to our son for a number of years, but had recently about 5 years ago reconnected. We have been able to keep track of our grandchild and have been able to visit him once about 2 1/2 years ago. The child was born in 2000. The mother of the child has been living with someone and has another child with him. She died in January. What rights does my son have to get custody of his child? His child support is up to date and he has recently purchased a house and is more mature now. My son offered to have the (what he calls himself) common law husband, receive custody of our grandchild, and my son would still pay child support but have visitation rights to see the child, to make it easier on the child, but he has refused this offer. The mother's live in has filed for adoption of our grandchild.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,074

    Default Re: Mother Who Has Custody Dies in Alabama, Does Father Get Custody

    Your son needs an attorney, really.

    If the live-in has filed for adoption based upon de facto parent standing, he may actually be able to adopt the child. If that happens your son will no longer be responsible for child support (unless he has arrears - they won't go away), but he will also have no rights at all. He would no longer have a child.

    He can file for custody immediately, but again because of the situation he really should speak with an attorney.

    He should also think about what's in the child's best interests...the child is now 11, and your son hasn't been around. Is it fair to uproot the child from everything he's familiar with?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Mother Who Has Custody Dies in Alabama, Does Father Get Custody

    My son does have a lawyer and he has suggested that my son file for custody, so we are probably going that route for now, but hope to have some response back from the other party that would be good for everyone. My son was refused information for most of the childs life and he was man enough to leave the child where he was familiar and with his sibling, but the other man does not want to have him in his life at all. This is so upsetting. I was just double checking my information and hopeing for a good response. I wanted the correct response though, so thank you.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,074

    Default Re: Mother Who Has Custody Dies in Alabama, Does Father Get Custody

    The court is going to ask your son what he's done to pursue visitation. He needed to have been proactive. If he chose to leave things "as is", that's a choice he may end up regretting.

    Either way, he should listen to his attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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