Legal Question in Family Law in Alabama

Custodial Rights of Father to Take Child Under Three Out of State

My divorce was in Alabama. My son is 1 1/2 years old. My ex-husband is trying to take him to Louisiana for Thanksgiving weekend even though the divorce decree states that he can only have him for 8 hours every other weekend. Am I required to let my son go with him if I am concerned that he will be keeping him longer than he has the right or should I go to court and have visitation rights changed to ''supervised visits'' only?


Asked on 11/01/00, 11:06 am

2 Answers from Attorneys

Leigh Love Leigh Love

Re: Custodial Rights of Father to Take Child Under Three Out of State

You cannot "pre-guess" your ex's actions, and thereby deny custody. If you have proof POSITIVE that he is going to disobey the order, you would need to file for an immediate hearing with the court in this regard. If you do not give your husband visitation with the child, you will probably be in violation of the order, and subject to court sanctions. If you have more questions please call me. No fee for consult

Leigh Love 205-733-1131

Read more
Answered on 11/17/00, 7:25 am
John Poti Law Office of John M. Poti

Re: Custodial Rights of Father to Take Child Under Three Out of State

You cannot violate the terms of the settlement/court order just because you think your ex-husband might. However, if he does violate the decree you could file an action in court asking that he be held in contempt for willfully violating the decree. You could also ask for a modification at the same time.

I hope this helps. If you have any other questions or would like to discuss this issue further, you can reach me at (334) 361-3535.

Read more
Answered on 11/17/00, 12:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama