Asked in Family Law and Child Custody for Alabama

Q: Do legal (not blood related) grandparents have any right to take a mother's child away?

My husband wants nothing to do with me or my son. He cheated on me and left me and already has a new family. We've been separated over a year and a half and are finally getting this divorce done. His parents are trying to take me to court to take my child away from me because I won't let him in their filthy home. They took us in after the separation and claim that they're the reason my son is alive even though I could've just gone to my mother's. Do they have any chance of taking my son away?

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

A: First of all, I don't understand the distinction between "legal" grandparents and "blood related" grandparents. THe grandparents are the parents of the biological or adoptive parents of the child. The grandparents have apparently taken you to court in a private custody petition in the juvenile court or have instituted a separate action under the statute that allows them to see your child. I have no idea if they "have any chance of taking your son away" because I don't know the facts of your case. You should retain an attorney who does this kind of law, and do so right now.

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