Tampa, FL asked in Child Custody for Alabama

Q: My ex-husband and I have joint physical custody of our four year old daughter.

He is supposed to get her every Friday at 6pm til Sunday at 6pm. He gets her Monday and Tuesday's because work prevents Friday through Sunday. He is court ordered to pay child support, also to give written notice if he moves. He hasn't done either. He also has me meet somewhere around midnight sometimes for his visitation, if I don't then he causes a massive argument in front of our daughter and I refuse to let that happen. He has a minimum wage job at a grocery store and I receive disability for PTSD (from a rape when I was 17) I received treatment and therapy and I'm mentally stable. Never been violent or anything. If I file for sole custody of our daughter because of his neglect on his responsibilities to her. Could you give me an idea of the outcome? Also, I take care of everything for her, pre-school, doctor appointments, etc. Every time she's been admitted to the hospital I was there, he wasn't. Please help me try to figure out what to do.

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1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
Answered
  • Divorce Lawyer
  • Robertsdale, AL

A: You can ask the Alabama Department of Human Resources to assist you in going after him for child support. You can use a private attorney for this -- but DHR will do it and not charge you anything. As for his other, you don't have to agree to his demands in terms of meeting him "around midnight." Because I don't know the facts here I can't begin to predict outcomes for you. I will say that a Court expects its orders to be obeyed. In terms of changing custody, you will probably have to show that there is a material change in circumstances such that a change in custody will benefit the child to such a large degree that it is justified even if the change in custody is disruptive. Because I don't know the facts surrounding your divorce or child custody case, I can't know if this standard applies. You should get some legal advice here.

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