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  1. #1
    grammaw44 is offline Junior Member
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    Mother's Death-Father's Right

    What is the name of your state (only U.S. law)? Georgia,but the problem is in Alabama.
    My son has an ex-wife who recently passed away.They have a 12 year old daughter together.His problem started right away,because the Grandparents on his ex-wifes side wants custody of her.My son has always been in her life,paid child support,had visitation,never what the court-ordered.He never had her for Christmas.She always cut short any visitation.He didn't go back to court because of expenses.She moved to Alabama,where she died.Her parents live in Alabama also.He is not un-fit.He has two step-children who adore him.He also has another child with his now-wife,who is my Granddaughters half-brother,she adores him and her Father and her have always been really close.He's a very family-orientated person.He is in a battle with them now,not because he wanted to,he told them he would leave her in their care for a month and then he would come get her and her stuff.They applied for temporary custody because they want her to replace their only daughter.They have the money to fight him,he really doesn't,but he will.She is his biological daughter and they want her.He leaves in Ga.,he had to get a lawyer in Alabama who I think he not taking my son's best interest for real.They have connections in this town,my son doesn't.She is a sweet Granddaughter who we love very much,but they are wealthy people and she would have to share with the other kids,and there she doesn't share with anyone.I believe she would rather go with her Dad,but doesn't want to hurt their feelings.After the death and him wanting custody,the Grandparents actually commented if he was actually her Dad,even tho they knew better.I used to think they were fine people,but since this has happened,their mean and hateful side has come out.I would like to know in this situation,why is he having trouble getting Alabama to follow the law.I always thought unless they proved you un-fit,as a Father,the child automatically goes to the Father after the Mother's death.They have even(the Grandparents)threw their own daughter under the bus,tell people they actually raised her,even tho,that was a lie.They watched her when her Mom worked and if she went out.She was an excellent Mother ,but controlled by her Mother.If I can get any Alabama law on this kind of problem,tell me where to go look,please.
  2. #2
    TheGeekess is offline Senior Member
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    [url=http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp]Alabama Legislative Information System Online[/url]
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by grammaw44 View Post
    What is the name of your state (only U.S. law)? Georgia,but the problem is in Alabama.
    My son has an ex-wife who recently passed away.They have a 12 year old daughter together.His problem started right away,because the Grandparents on his ex-wifes side wants custody of her.My son has always been in her life,paid child support,had visitation,never what the court-ordered.He never had her for Christmas.She always cut short any visitation.He didn't go back to court because of expenses.She moved to Alabama,where she died.Her parents live in Alabama also.He is not un-fit.He has two step-children who adore him.He also has another child with his now-wife,who is my Granddaughters half-brother,she adores him and her Father and her have always been really close.He's a very family-orientated person.He is in a battle with them now,not because he wanted to,he told them he would leave her in their care for a month and then he would come get her and her stuff.They applied for temporary custody because they want her to replace their only daughter.They have the money to fight him,he really doesn't,but he will.She is his biological daughter and they want her.He leaves in Ga.,he had to get a lawyer in Alabama who I think he not taking my son's best interest for real.They have connections in this town,my son doesn't.She is a sweet Granddaughter who we love very much,but they are wealthy people and she would have to share with the other kids,and there she doesn't share with anyone.I believe she would rather go with her Dad,but doesn't want to hurt their feelings.After the death and him wanting custody,the Grandparents actually commented if he was actually her Dad,even tho they knew better.I used to think they were fine people,but since this has happened,their mean and hateful side has come out.I would like to know in this situation,why is he having trouble getting Alabama to follow the law.I always thought unless they proved you un-fit,as a Father,the child automatically goes to the Father after the Mother's death.They have even(the Grandparents)threw their own daughter under the bus,tell people they actually raised her,even tho,that was a lie.They watched her when her Mom worked and if she went out.She was an excellent Mother ,but controlled by her Mother.If I can get any Alabama law on this kind of problem,tell me where to go look,please.
    Is this a situation where the grandparents are big fish in a small pond? Is it a small town situation where they are wealthy and prominent?

    Your son does have the constitutional right to the care and custody of his child. However if this is a small town situation he may need an attorney that is not local...an attorney who does not have to depend on that small town for his livelihood. Unfortunately that would make his attorney more expensive (paying for travel time) but sometimes its the only solution.

    If your son wants advice, he really should be posting here himself as well. I can tell from your post that you really don't know the details of his case, and we would need to know the details in order to give an serious advice.
  4. #4
    grammaw44 is offline Junior Member
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    Quote Originally Posted by LdiJ View Post
    Is this a situation where the grandparents are big fish in a small pond? Is it a small town situation where they are wealthy and prominent?

    Your son does have the constitutional right to the care and custody of his child. However if this is a small town situation he may need an attorney that is not local...an attorney who does not have to depend on that small town for his livelihood. Unfortunately that would make his attorney more expensive (paying for travel time) but sometimes its the only solution.

    If your son wants advice, he really should be posting here himself as well. I can tell from your post that you really don't know the details of his case, and we would need to know the details in order to give an serious advice.
    I know every detail,I've gone to Alabama for each session on his case,along with him and his wife.Yeah,I suggested he get on here,but I did give all details on his case that he could.They're not that prominent of people,but step-grandparent is from that area.We also thought about the local attorney problem,which is probably the case.
  5. #5
    grammaw44 is offline Junior Member
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    Quote Originally Posted by TheGeekess View Post
    [url=http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp]Alabama Legislative Information System Online[/url]
    This didn't help,but thanks anyhow,I couldn't get any info on that site,unless I don't know what to look for,which is probably the case.I put in search option -child custody and got a bunch of babel,about who died.
  6. #6
    CJane is offline Senior Member
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    Quote Originally Posted by grammaw44 View Post
    This didn't help,but thanks anyhow,I couldn't get any info on that site,unless I don't know what to look for,which is probably the case.I put in search option -child custody and got a bunch of babel,about who died.
    If you click on the Code of Ala tab, you can search statutes.

    I put in "child custody" and got the exact statutes pertaining to child custody.

    Your son will NEED an attorney.
  7. #7
    grammaw44 is offline Junior Member
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    Quote Originally Posted by CJane View Post
    If you click on the Code of Ala tab, you can search statutes.

    I put in "child custody" and got the exact statutes pertaining to child custody.

    Your son will NEED an attorney.
    Thank You,I did exactly that and got some info I think my son should see.I appreciate your help on this matter.I think more and more about what the other answer to my post which was about this small-town lawyer situation.I do think that's alot of the problems my son is having.He does make his living(the lawyer), in that small town and my ex-daughter-in-law(Who I thought the world of)after 14 years of knowing her.Her step-granddad is from that region,and I'm sure their lawyer,that they're familiar with much more than my son is with his.I had a attorney friend here in Ga.that I ran the story of my son's problem,and he said"once he is proven fit,he won't have a problem",but his attorney is already saying they may have to appeal,which,in my opinion,means he's not doing his job for my son.That's it in a nutshell,but again,thanks a lot!

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