Legal Question in Family Law in Alabama

My sons biological father has agreed to relinquish his rights. He hasn't had contact with my son for over 5 years, and has never paid child support. He just got released from jail, and is currently living in Louisiana. My husband, my son, and I live in Alabama. My husband is military and we need to have total custody due to a change of orders to Italy. Where do I need to file for the termination; Louisiana or Alabama? And can I get the paperwork without a lawyer?

Asked on 11/04/13, 6:44 am

1 Answer from Attorneys

Mari Morrison Mari Morrison, P.C.
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You would file for a termination of rights in Alabama. It would be difficult to tread these waters without an attorney. Some courts will not "bastardize" a child and leave the child without a father. Therefore, the easiest thing to do would be to file for an adoption and have your husband adopt the minor child. That way, you would accomplish the termination at the same time. For an adoption, the code is very specific as to service on the father and other issues. That is the reason a lawyer is the best route to proceed.

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11/04/13, 1:41 pm

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