Custody

[wnbama]

What is the name of your state? Alabama

Can anyone tell me where to find in the code of Alabama, that of the parents were unmarried and never married to each other, how the law sees who custody goes to?

 

[Zephyr]

custody would remain with the mother until a father is determined and custody is clarified by the courts

 

[wnbama]

custody would remain with the mother until a father is determined and custody is clarified by the courts

That's what I've been told..BUT the NCP call the Drs office today and wants medical records and told them we have joint custody...so the drs office is wanting to see custody papers....we don't have any, I explained to them, in Alabama if we were unmarried, then is went to me, said said for me to please find it in the code of Alabama. I can't seem to find it anywhere.

 

[Zephyr]

why do you not want DAD to know what is going on with his child medically?

 

[wnbama]

It's not that, he wants to take him off his meds. Son is ADD.

 

[Just Blue]

It's not that, he wants to take him off his meds. Son is ADD.

Do you have a court ordered custody/support? If so what does it state. EXACTLY!

 

[TheGeekess]

IIRC OP's history, there are no papers yet. She had been allowing dad to visit with son.

I'd tell the doctor's office to get dad to fax over whatever papers he says gives him "joint custody" and review them with you or they can pound sand. Go over the deskgirl's head to the office manager; failing that, involve the doctor.

 

[wnbama]

That's the point I DON"T have a custody order, only child support and it was done through DHR and it not state anything about custody. Only that I was the planiff and he was the defentant, how much he court order to pay. It is one of those fill in the blanks forms. That DHR used.

 

[LdiJ]

Do you have a court ordered custody/support? If so what does it state. EXACTLY!

She doesn't. Its an unwed situation and the issue of custody has never gone to court.

 

[wnbama]

She doesn't. Its an unwed situation and the issue of custody has never gone to court.

Thank you, this is true...so how do I prove I have custody?

 

[wnbama]

IIRC OP's history, there are no papers yet. She had been allowing dad to visit with son.

I'd tell the doctor's office to get dad to fax over whatever papers he says gives him "joint custody" and review them with you or they can pound sand. Go over the deskgirl's head to the office manager; failing that, involve the doctor.

I told them to have him fax over his papers and she said they are requiring bot of us to fax them over....I told her I didn't have any and if the law states it goes to me, then I need to find that law and fax her a copy of it.

 

[TheGeekess]

I told them to have him fax over his papers and she said they are requiring bot of us to fax them over....I told her I didn't have any and if the law states it goes to me, then I need to find that law and fax her a copy of it.

I cannot find anything in the state code either; but I will keep looking. I still suggest going over desk-girl's head.

 

[wnbama]

Thank you!

Thank you.

I am looking as well....I've been told many times it's in there...it must be buried somewhere.

 

[mommyof4]

It seems you may have a problem.

http://law.justia.com/alabama/codes/19865/26-17-3.html

The parent and child relationship shall extend equally to every child and to every parent, regardless of the marital status of the parents.

(Acts 1984, No. 84-244, p. 375, §3.)

Is Dad the LEGAL father? (sorry if I missed that tidbit of information).

If he is, then custody really isn't the issue when it comes to his right to have access to his child's records. The only thing that must be proven is that he is the legal parent and that there is no court order barring him from access to those records and information.

 

[wnbama]

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.