Legal Question in Family Law in Alabama

Changing Custodial Parent

I have two daughters 8, 10 y/o. Thier father is the custodial parent but he works out of town and is gone for extended periods of time. This leaves the children in the care of his new wife. The oldest girls and the stepmother do not get along and she wants to come live with me. How do I go about changing the custodial rights over one child from him to me? He will not consent to this, however last summer he dropped them both off at my house with the intention for them to live with me, wrote me some letter to the effect that both would be attending school from my address but he never relinquished the custodial right and reserved the right to take them back whenever he wanted. The storm (Katrina) hit the coast and he took her and her sister back to his house. The situation is now the same. He is gone and the girls spend all of thier time with the step mother and a babysitter. I feel that being the birth mother, capable and willing to provide for them I should be able to have them, I dont want to strip him of custody, I would just rather have them raised by a parent not a stranger and her family. Any advice would be helpful.


Asked on 1/22/06, 12:20 am

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Changing Custodial Parent

If he does not agree to a modification of custody, then you will have to file a petition with the court to modify. The court is not likely to split up the children.The children are too young to make a decision regarding custody.I would suggest you speak with an attorney in your area.

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Answered on 1/23/06, 1:13 pm


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