Asked in Divorce, Child Custody and Child Support for Alabama

Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
  • Birmingham, AL
  • Licensed in Alabama

A: You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a request to have a Guardian Ad Litem ("GAL") appointed immediately to evaluate and represent the concerns of the child. He is right at that age where a Judge may begin to consider his opinions and testimony regarding his wishes on where he wants to live.

The primary concern in any child custody matter is going to be "what is in the best interests of the child." That is why having a GAL appointed to evaluate the child's condition and needs will be critical. If he/she feels their is neglect or abuse they will advocate to the Judge on the child's behalf for what they believe is in the best interest of the child.

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