Dothan, AL asked in Child Custody and Family Law for Alabama

Q: I had a child out of wedlock 10 years ago. Mother has sole legal custody . I have my child about half the time and pay

child support. I'm married (for 8 years). Mother is not. We all get along well. Mother said she is going abroad for a few months to study with a religious sect. Wants to leave our child with me and my wife. Should I file for a modification for joint legal custody? I'm fine with our physical custody. I don't want to waste the money, but if she decides to stay away, I'd be stuck with no way to serve her. Thanks.

Related Topics:
1 Lawyer Answer
Kristine Jones
Kristine Jones
Answered
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Hello, two types of custody exist: legal and physical. Legal is regarding decision making authority for the child like which school does s/he attend, what hospital, after school activities, etc. Physical custody addresses the time each parent physically has with the child. It is unclear from the facts you stated what the actual custody arrangement is between you.

If you truly do not have any type of legal custody to make important healthcare, school, religious, etc. decisions for your child, then you could file for a modification regardless of whether Mother is leaving the states. If mom leaves you with the child indefinately, you have at least two issues on your hand: legal decision making authority and child support. You should seek an attorney in your area to determine the best strategy for you...at least 2-3 months before Mother leaves the states. Best of luck!

1 user found this answer helpful

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.