Custody and Abandonment Laws in Alabama
Posted 02 February 2013 - 03:32 PM
Posted 02 February 2013 - 04:25 PM
Posted 04 February 2013 - 07:45 AM
It was mentioned to us that he won the custody case due to the ex-wife's refusal of mental evaluation.
Mentioned by whom?
No one ever mentioned that my husband's child was involved in anyway
Involved in what? The custody case between your husband's ex and the father of her younger child? Why would anyone mention anything to you or your husband about that?
we were under the impression that the ex and the child were living with the child's great grandmother.
You were "under the impression"? How is it your husband -- who you said had regular visitation during the relevant time period -- did not know about his own child's living situation?
Now, the grandparent is saying that a judge granted him custody of the child, and did not have to contact either partent because it was viewed as abandonment for both parents. Is this legal? Can a judge grant custody to a grandparent without informing either parent of the petition?
First of all, it appears that you're assuming the information received from the grandfather is 100% accurate. I doubt that's a very smart thing to do. Before questioning the legality of this, I think your husband should ascertain independently what exactly happened by reviewing any relevant court records.
How can the grandparent claim that my husband abandoned the child?
This question doesn't make a lot of sense. You're basically asking how a person can lie.
After your husband obtains information from a reliable source (i.e., by checking the court file as mentioned above), he should contact a local family law attorney to review the relevant information and advise him.
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