Legal Question in Family Law in Alabama

I've had physical custody of my grandson since he was one month old. My daughter brought him to me and ask that I take care of him. I adopted my grandson in July of 2008. She and the alleged father had shown no interest or financial support. On July 13, 2011 in Huntsville alabama, The sheriff came to my home with an order that said I was to return my child to allege father. This man has never done anything for this child. Nor do I believe he is the father. I'm astounded that the state of Tennessee, Rutherford County would allow this to happen. I have also found out that he has been filing my child as a dependent on Federal tax form, earned income credit. This is ridiculous.

Asked on 9/01/11, 4:34 am

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

If you legally adopted the child, then the father's (or alleged father's) parental rights would have been terminated in the process. An adoption makes you the child's legal parent. My guess is that when he filed his petition with the court in Tennessee, he did not tell them that you had legally adopted the child in Alabama. You need to retain an attorney in the county where the court order was issued, and have that attorney file a motion to quash the order and a motion to dismiss the petition he filed on the basis that he no longer has any legal rights to the child. That attorney will need a copy of the adoption paperwork from your Alabama adoption file.

Good luck to you. Call the attorney who handled the adoption and see if he or she can refer you to an attorney in Tennessee to set aside this court order.

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Answered on 9/07/11, 6:46 am

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