Legal Question in Family Law in Alabama

Child Safety and Well being

If there is evidence and a fear for a child's welfare. Can a parent refuse to return the child to the custodial parent. If the intention is to take the child to see the Guardian Ad Litem.


Asked on 1/07/01, 2:16 pm

2 Answers from Attorneys

Rosella Shackelford Shackelford Legal Service

Re: Child Safety and Well being

If the child has a Guardian Ad Litem, then that individual must be notified at once of any concerns about the child's ongoing welfare. If there is a belief that returning the child to the custodial parent poses an immediate danger to the child, then the Department of Children's Services in the county of the child's residence must be notified at once. However, it is not wise nor recommended that the non-custodial parent refuse to return the child, particularly when other avenues are readilty available to protect the child's best interest.

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Answered on 1/11/01, 11:16 am
Walter Blocker Walter l. Blocker, III P.C.

Re: Child Safety and Well being

any action along the lines that you propose is very risky. if there is real admissible evidence of activity that would put the child in immediate danger, then the non custodial parent may, instead of return to the custodial parent after visitation, turn the child over to the department of human services in ala or as an alternative, turn the child over to its guardian ad litem, who will most likely take the child to DHR. merely refusing to return the child and keeping it away from the custodial parent is not recommended without intervention by some state authority. please call me at 205-879-9595 if you wish to discuss the matter further, i will be glad to assist.

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Answered on 1/13/01, 4:16 am


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