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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Unhappy Custodial Parent Gave Up Rights but Non-Custodial Parent Did Not Consent

    My husband is in a situation with his son's mother who have not had any contact with each other in at least 3 years of son's life. We recieved notice from Alabama DHR stating that the mother no longer had custody of the child. The letter provided her address on file and I wrote her a letter giving her our contact information so that we could find the son and get custody of him. She called and told me that she had given legal rights to her foster mother (she was once in the system but aged out) without the consent or notification of my husband. Is that legal? She said she rememebered his mother's number but didn't call because she doesn't like her???!!!!?? Also, the foster mother gets paid for the son and my husband is paying child support to the biological mother. IS that legal? What should we do?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Custodial Parent Gave Up Rights but Non-custodial Parent Did Not Consent

    Quote Quoting keiwana1
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    My husband is in a situation with his son's mother who have not had any contact with each other in at least 3 years of son's life. We recieved notice from Alabama DHR stating that the mother no longer had custody of the child. The letter provided her address on file and I wrote her a letter giving her our contact information so that we could find the son and get custody of him. She called and told me that she had given legal rights to her foster mother (she was once in the system but aged out) without the consent or notification of my husband. Is that legal? She said she rememebered his mother's number but didn't call because she doesn't like her???!!!!?? Also, the foster mother gets paid for the son and my husband is paying child support to the biological mother. IS that legal? What should we do?
    Your husband should get a consult with a local attorney ASAP. It's hard to tell if any laws were broken without seeing the court orders and other documents. When your husband speaks to an attorney in person the attorney can look over all the documents and give a better answer than anyone here can.

  3. #3

    Default Re: Custodial Parent Gave Up Rights but Non-Custodial Parent Did Not Consent

    Assuming he wants custody, your husband should file in the court of record for a modification of custody.

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