Atlanta, GA asked in Family Law, Child Custody and Child Support for Alabama

Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2 children. She received emergency shelter through assistance and is waiting for housing to come available. The mother filed an informational report after the father attempted to keep the child from the mother by refusing entry to his home during the second and last attempt at visitation. Can the mother move out of the state?

1 Lawyer Answer
Kristine Jones
Kristine Jones
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course she can leave and make that choice, but there are consequences to her leaving she should consider before moving along. An attorney in her area can walk through all those different options with her so she can make an informed decision. Best of luck.

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