Custody

[artificially]

Maybe this will help

In Montgomery County, Alabama the Judges have taken the stance that if a child is born and the parents are not married then neither parent has custody. The only way the parents can get custody is to go to court and have the Judge award custody. If the parents are in agreement then the procedure is very easy.

This states neither of you have actual custody.

 

[mommyof4]

Yes, he is the legal father, he is on the birth cert and he sign all the paperwork at the hosp. and I do get child support from him. We do not any visistation court order and he refuses to get an atty to get them done up.

I read what the link said but I don't totally understand it.

It means that the parent/child relationship is not affected one way or the other whether you are, were, or are ever married or not.

He is the legal father of the child. He has the same legal right to medical/educational records as you do.

That's WHY they are asking you to send a court order. It would have to specifically bar Dad from having medical/educational records/information.

You don't have that order. Dad can get the medical records.

 

[TheGeekess]

I've come across that also.... There seems to be a presumption of joint legal custody in Alabama if it hasn't been adjudicated otherwise.

 

[artificially]

This states neither of you have actual custody.

Sorry I meant either.

And even if you did have custody dad does still have rights to the child's medical, school, etc records.

 

[Just Blue]

I've come across that also.... There seems to be a presumption of joint legal custody in Alabama if it hasn't been adjudicated otherwise.

WHY is this a sad thing? He is the father...why is it a problem for him to have HIS childs records?

 

[mommyof4]

I'm just banging my head against the monitor right now.

 

[Just Blue]

I'm just banging my head against the monitor right now.

Want an asprin?? I think I might have two left after I took my dose ....

 

[mommyof4]

Want an asprin?? I think I might have two left after I took my dose ....

Thank you, but I just took some Advil. If that doesn't help, I'm going for the liquor.

Sorry that you needed aspirin.

 

[Just Blue]

Thank you, but I just took some Advil. If that doesn't help, I'm going for the liquor.

Sorry that you needed aspirin.

Thanks...I have that head banging thing happening here too...

 

[wnbama]

In Montgomery County, Alabama the Judges have taken the stance that if a child is born and the parents are not married then neither parent has custody. The only way the parents can get custody is to go to court and have the Judge award custody. If the parents are in agreement then the procedure is very easy.

This states neither of you have actual custody.

Do you know any case law or how they do it in St. Clair County, Alabama?

 

[wnbama]

WHY is this a sad thing? He is the father...why is it a problem for him to have HIS childs records?

This is Dad's was of harrasing me. NCP has a PFA on his, he mad becuase he refuses to get a atty to have his visitation rights court ordered. He is calling the school, turned me into DHR, tried to get son from daycare etc...

I have tried many times to get NCP to come to Drs appts and he refuses to show up. Instead he calls after them and cusses me out. I will not no longer speak to him at all, if he get an atty then, I will speak to his atty.

 

[Ohiogal]

This is Dad's was of harrasing me. NCP has a PFA on his, he mad becuase he refuses to get a atty to have his visitation rights court ordered. He is calling the school, turned me into DHR, tried to get son from daycare etc...

I have tried many times to get NCP to come to Drs appts and he refuses to show up. Instead he calls after them and cusses me out. I will not no longer speak to him at all, if he get an atty then, I will speak to his atty.

You both need to grow up. You are stuck with each other for life. Now you can either decide to be the more adult and realize that dad has a right to call the school, pick up the child from daycare, make medical decisions and have a say so. If you don't want that then go to court and explain to the court why he shouldn't be able to do that and get a court order for visitation.

This is like a game of lets see who blinks first. How immature.

 

[Just Blue]

This is Dad's was of harrasing me. NCP has a PFA on his, he mad becuase he refuses to get a atty to have his visitation rights court ordered. He is calling the school, turned me into DHR, tried to get son from daycare etc...

I have tried many times to get NCP to come to Drs appts and he refuses to show up. Instead he calls after them and cusses me out. I will not no longer speak to him at all, if he get an atty then, I will speak to his atty.

Here's a thought! How 'bout YOU file for custody? Why don't YOU get it all put down all nice and proper like so that you BOTH know your boundaries?

Dad has equal standing to view medical and educational. He has JUST AS MUCH RIGHT to pick up the child from Daycare UNLESS there is a court order specifically BARRING him from doing so. If there is no such COURT order and your DC provider refuses to release the child to him THEY ARE BREAKING THE LAW.

 

[wnbama]

I have called a few diff attys and they tell me I would be stupid to take him to court and get visitation court ordered. I was trying to do the right thing.

OK, so you are stating that if the Daycare (which is actually the extanded day at school) does not release my son to his daddy they are breaking the law? SO, if they was to release him without my consent and the daddy does not return him to me, I guess, I take him to court at that point to get my son back right? I am just asking....

The NCP has tried to not return him from a weekend visit last year, I got assulted by the stepmother's brother for trying to get my son back, I left and went to the police dept, they called him and told the NCP that it would be in his best interest to return the child. I am afraid that it wil not be that easy the next time.

 

[mommyof4]

OK, so you are stating that if the Daycare (which is actually the extanded day at school) does not release my son to his daddy they are breaking the law?

Yes.

SO, if they was to release him without my consent and the daddy does not return him to me, I guess, I take him to court at that point to get my son back right? I am just asking....

Yes. The school doesn't NEED your consent to let Daddy pick up his child. You are both the legal parents of this child. As there is no order barring him from exercising his constitutionally protected right to parent his child (and that includes picking him up from school) then he can take the child. The school, without a bona fide court order barring him from doing so, has no legal right to interfere with a parent's access to his or her child.

The NCP has tried to not return him from a weekend visit last year, I got assulted by the stepmother's brother for trying to get my son back, I left and went to the police dept, they called him and told the NCP that it would be in his best interest to return the child. I am afraid that it wil not be that easy the next time.

This is why you need a court order. At this point, Daddy doesn't HAVE to return the child. You both have equal rights under Alabama code.