Q: Typically how long does a judge need to see a stable pattern before I can file for full custody of my children back?
My mother received full custody of my 2 children in 2010 due to me being in an abusive relationship with my then husband, which is my children's biological father. I still have my parental rights and there was a visitation schedule and child support set in place. I see my children very regularly, more than the visitation schedule, I have a clean criminal record and have put myself through college. Now I would like to have my children home with me everyday.
A: Well, you are to be congratulated for getting your life back together. Unfortunately, it's going to be pretty difficult for you to recover custody of your kids if your mother objects. If she consents it won't be a problem. In Alabama, we have what is known as the "McLendon Standard." What it says is that once custody has been established by court order, then a person seeking to change custody has a 'very heavy burden' to prove by strong evidence, not only that the move is in the best interest of the child, but also that the inherent disruption caused by a change of custody is substantially outweighed by the benefit. This is a heavy burden. Some courts even say that it means that you need to show that there is a problem in your mother's home, not just that you have a good situation. By the way: If you are living with a guy out of wedlock, forget about changing custody...at least if you live in most Alabama counties. The judges don't like that.
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