Q: Could the mother regain custody of the children after 5.5 years out of contact?
I have been engaged to my fiancé for six years, and during this time, we have been caring for his three daughters from a previous relationship. The children's mother and her partner struggled with drug issues, and 5.5 years ago, they left the children with us for their wellbeing. Although I arranged for rehab, they did not attend and have been out of contact, missing three non-court ordered visits. The mother has another child for whom she has lost permanent custody. Recently, she has made threats towards us but has not attempted contact with the children. There have been no legal custody proceedings. Could the mother regain custody of the children now?
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A:
Your situation is heartbreaking and complex, especially with so much responsibility falling on you and your fiancé for so long. Because there have been no formal custody proceedings, the mother may technically still have parental rights. However, her long absence, history of drug use, and lack of effort to maintain contact or visitation will be significant factors if she tries to regain custody.
In Alabama, courts make decisions based on the best interests of the child. A parent who has been absent for over five years and hasn’t provided care, financial support, or shown consistent involvement would have a difficult time convincing a judge that regaining custody is in the children’s best interest. The threats she's made could also be seen as emotionally harmful and further weaken her case.
That said, since there is no court order in place, things are in a legally vulnerable space. To protect the children and the stability they’ve known, it may be time to pursue legal custody or guardianship. That way, their current home life is recognized by the court, and any future attempts at custody from the mother would have to go through a legal process where her past actions would be closely examined.
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