My son has a child with a mother that is not legally divorced, therefore my son and she never married. What steps can he take to obtain joint custody rights? They live in Alabama. Any web site or help would be appreciated. She is threatening to claim abandonment to get joint custody with her mother, although he hasn't abandoned them.
2007-11-28 17:14:31 · 5 answers · asked by sapphire66 2 in Family & Relationships ➔ Family
if shes not legally divorced , then legally the father is her husband, in the laws eyes, your son needs to go to court and set up custody and visitation , since he started the custody case , he can suggest joint custody first. she can threaten all she wants, it takes ALOT for a parents rights to be terminated especailly to be given to her mother , that just doesnt sound right you cant have joint custody with her own mother, sounds to me like she wants to give custody to her mother, she says this mess in court about joint custody with her mother, a judge is gonna rethink giving her full custody to begin with , just show up for court, keep your nose clean , keep a notebook with all confrontations, keep receipts of every thing given to mother for support of child. if the father isnt on the birth certificate, a dna test needs to be done to establish paternity this should get dads name on birth certificate, from there petition court for joint custody and visitations.
2007-11-29 13:08:46 · answer #1 · answered by ♥ஐDanielleஐ♥ 4 · 0⤊ 0⤋
He needs to contact a lawyer and sue for custody. She can not share joint custody with anyone other than the father. He has rights! By HIM filing for custody it will also disprove her abandonment claim.
He needs to get something filed right away so he will have a temporary visitation order so he can see his child.That way she can't walk into court and say he hasn't seen the kid and has abadoned the child. She can threaten to say anything she wants but she'll have to be able to PROVE it.
Best of luck!
2007-11-28 17:29:41 · answer #2 · answered by MISS H 5 · 2⤊ 0⤋
He needs to take her to court. Every father has a right to see and have custody of their children (unless he is violent). So take the mother to court and get 50/50 custody and that way she cant leave the state without his permission.
2007-11-28 17:30:33 · answer #3 · answered by wickedly_funny66 5 · 2⤊ 0⤋
he probably needs to have a judge order a paternity test first... then take steps from there. if he is the father (and you say he is), the mother and grandmother can NOT share custody unless the father signs off.... the grandmother legally has no say in the matter, unless the daughter is incarcerated.
take care.
2007-11-28 17:23:56 · answer #4 · answered by letterstoheather 7 · 1⤊ 0⤋
I believe he would have to go to where the children live and file for custody. If it's like it is here and many other places, he's up for one heck of an uphill battle and will need your support BIG time!
Good luck!!
2007-11-29 18:04:45 · answer #5 · answered by stepmomster22 3 · 0⤊ 0⤋