Birmingham, AL asked in Child Custody and Divorce for Alabama

Q: My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

I am 13 years older and she abuses alcohol and is adopted she is abusive and has emotional problems and her sister is almost 25 and still lives at home she cares more about her friends than me and I want to get custody of my son I paid on the mortgage and everything else as well but she is very much a control tyrant.

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the issue of who is the "primary care giver" is an important one and with the child out of your custody the mother will definitely be able to establish that fact in her favor. A delay can be costly. Seek legal assistance and move forward as quickly as possible.

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