Asked in Child Custody and Juvenile Law for Alabama

Q: What is the statue to establish a unfit parent in Alabama juvenile court.

How to prove a parent unfit in alabama

Related Topics:
1 Lawyer Answer

A: You are probably asking what it takes to get custody of a child in Juvenile court if you are a person other than a parent. The law says that the person seeking custody must prove that each natural parent is unfit to have custody of the child by clear and convincing evidence. There is a strong presumption that a natural parent is the fit and proper person to have the custody of a child, but NOT where the parent has given custody to someone else (a well known trap) or where some prior court action has awarded custody to a third party (like DHR). These are complicated fact driven issues. A lot of what happens is governed by what the judge believes when he or she hears the testimony.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.