Legal Question in Family Law in Alabama
Parental rights of child custody
My Judgment of Divorce sts: ''The Petitioner (me) shall be rewarded sole custody of the minor children of the parties, subject to the Respondent's (him) right to reasonable visitation.'' I live in Alabama and received the judgment on March 24, 2003. The divorce was awarded by default, my ex never responded to the petition except to go to the meeting to determine child support payments. He never hired a lawyer and never made any of the child support payments.
My lawyer explained to me that this meant that we shared joint custody, but I have sole physical custody and decision making responsibilities but that I must make a reasonable attempt to let my ex know of any decisions that would be of interest to him (he refuses to tell me where he lives or give a phone to reach him.) Our chldren are girls ages 3 and 4 years old.
My ex said that he took the papers to a lawyer yesterday and his lawyer told him that since he has joint custody that he has the same rights that I have and I cannot keep him from taking the children any time that he wants them with or without my permission while I am at work or at home and if I refused he could have the police intervene. Is this true?
1 Answer from Attorneys
Re: Parental rights of child custody
The language that you quoted does not indicate joint legal custody. Therefore it does not sound like your ex would have the rights that he claims. However, you need to speak with your attorney to review the court order to make sure. good luck.
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