• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

In desperate need of advice....

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

TabbyJane

Junior Member
What is the name of your state (only U.S. law)? AL

Brief history:

I have a 13 year old son. Left father while pregnant due to domestic violence. (Should have pressed charges, didn't...was just glad to get out.) Father did not sign birth certificate and son has my last name. Only court orders were when my son was an infant. They ordered child support and visitation (every other weekend....judge didn't take the whole "broken beer bottle" thing seriously). As long as I didn't pursue child support, ex left us alone and I was fine with that.

I accepted AFDC while I put myself through the local technical college and didn't realize they'd start trying to collect from him. Dad started harassing and threatening us, and I had the case closed via a domestic violence waiver. When son was four, Dad showed up three times over the course of a week with his girlfriend - trying to prove what a loving dad he was. I didn't attempt to stop the visitation. Even thought maybe "John" had changed. John never came back once he realized son has autism.

Fast forward to this year: Still no contact with dad (dad's choice). The difference is that I'm terminally ill and need to make arrangements for my son's future. I know you can't "will" a child to someone, but my son's dad doesn't know him. Son has specific routines, familiar faces, rigid schedules, occupational, physical, and speech therapy, gastrointestinal issues that require meds and frequent dr. visits, pre-vocational training, and IEPs every three months.

My parents have been there every step of the way. Son and I live in an apartment and he's always been an outdoor kind of guy, so we've always spent at least 50% (sometimes 90%) of the time at my parents' place so he can run, play, have pets, camp-outs, et cetera. He loves the garden and the woods, chickens and ducks.

Anyway, back to the point...What should I do to ensure my parents have the best shot at obtaining custody of my son. Dad would not want son at all, except that now my son has an SSI disability check Dad would love to get his hands on.

We need a short-term plan if possible. I get, maybe, another year or two, leaving my son at age 14-15. I really don't want to spend that time locked in court battles. Suggestions?
 


Proserpina

Senior Member
I'm afraid that the reality is that Dad is still Dad. While you can absolutely arrange stand-by guardianship nominating your parents as your son's legal custodians, Dad still has the right to go to court and fight for custody.

Before we go further though, when was the last time Dad had regular visitation? How old was kiddo? Does Dad know about your condition?
 

TabbyJane

Junior Member
Dad saw son three times over the course of a week - about 1 hour each time, tops. He had his girlfriend with him and was trying to convince her that he was a doting family man. This happened when my son was 4 years old.

Dad definitely does not know. Since I left at 6 months pregnant, I saw him once in court, then he made several threatening calls when his wages were used to repay the state, and then he appeared for those three visits. That's it, over the course of 13 (Well, 13 1/2) years.

I'm afraid that the reality is that Dad is still Dad. While you can absolutely arrange stand-by guardianship nominating your parents as your son's legal custodians, Dad still has the right to go to court and fight for custody.

Before we go further though, when was the last time Dad had regular visitation? How old was kiddo? Does Dad know about your condition?
 

TabbyJane

Junior Member
BTW, I do understand he has the right to ask for custody. I'm just wondering what can be done to improve my parents' chances. There is no way on this earth that he'd spend the time and money required to keep son healthy and happy. Just putting him in the care of someone he met three times and doesn't remember will be enough to cause a major regression. Change is *extremely* difficult for him.
 

PQN

Member
abandonment

If the last time dad saw his son was 9 years ago, you may be able to pursue termination of his parental rights on the basis of abandonment. Then your parents can adopt him before you pass and you can be assured he will stay with them.
 

Proserpina

Senior Member
BTW, I do understand he has the right to ask for custody. I'm just wondering what can be done to improve my parents' chances. There is no way on this earth that he'd spend the time and money required to keep son healthy and happy. Just putting him in the care of someone he met three times and doesn't remember will be enough to cause a major regression. Change is *extremely* difficult for him.
Please stand by for other posters, too - there are at least one or two other seniors who are far more knowledgeable in Alabama family law matters, k?
 

Proserpina

Senior Member
That was really sweet to go out of your way. (No more lawyer = shark jokes for me, ever.):D
You are very welcome - and though I'm not a lawyer I do sometimes swim in dangerous waters!

(though frankly my bite is about as painful as that of a four day old smoked kipper)
 

cyjeff

Senior Member
That was really sweet to go out of your way. (No more lawyer = shark jokes for me, ever.):D
Oh, they're sharks alright... they have just been domesticated.

I just want to say that I am sorry that you have to face these decisions.

Let me ask another question. Is there a man in your life?

No, I am not asking for a date. I am asking if there is a husband.
 

TabbyJane

Junior Member
Thanks for the support. No, there's no husband, or boyfriend for that matter. Most of my time was spent taking care of my guy and (until about six months ago) working. Barely had time to breath, let alone have a social life. My family (parents and brother) have helped so much. Because of my dad and brother, my son didn't lack a strong male role model.

Oh, they're sharks alright... they have just been domesticated.

I just want to say that I am sorry that you have to face these decisions.

Let me ask another question. Is there a man in your life?

No, I am not asking for a date. I am asking if there is a husband.
 

TabbyJane

Junior Member
Well, that's okay. I don't think I have ever actually used the word "kipper" before. First time for everything, I suppose. ; )

I don't think I've ever been called a clever kipper before....and should I ever change my screen-name you know what it's going to be, right?

Signed,

Your much-humbled Clever Kipper
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top