Can I get custody of my son now that DHR has done a DNA test for support, since the mother is in jail for child abuse and guardianship was given to the maternal grandmother?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get custody of my son now that DHR has done a DNA test for support, since the mother is in jail for child abuse and guardianship was given to the maternal grandmother?
She applied for state benefits so the state issued a paternity test. I am 99.99% the father. Are there grandparents rights?
Asked on December 3, 2012 under Family Law, Alabama
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Alabama does have provisions for grandparent access per Marital and Domestic Relations Law, Sec. 30-3-4.1. However, this statute grants a grandparent access to the child, not automatic custody rights. If you are dad and you want to step-up and be a father to your son, then you need to file a reponse (if there is a suit pending) or file your own custody suit and assert your rights as the biological parent. Absent some abuse or delinquent conduct on your part, the grandparent's rights will not trump your right to raise your child.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.