Mother passed away

[MrsK]

OP- You really should listen to BB & get him to see an atty & file ASAP before the grandparents try & do it. What happens if they get custody of the child? How will your brother feel then? It could happen. He needs to take care of this before her parents do.

 

[LdiJ]

OP- You really should listen to BB & get him to see an atty & file ASAP before the grandparents try & do it. What happens if they get custody of the child? How will your brother feel then? It could happen. He needs to take care of this before her parents do.

I second that! As BB says he needs to get his butt into court immediately...preferibly first thing this morning.

 

[424Smudge]

In all honesty wouldn't it be faster and if you just go to the courthouse and get an emergency petition? Once a judge tells grandma and grandpa to give the kid back they have no legal grounds to stand for. have him get down to to the courthouse tomorrow. With an emergency petition chances are good that the hearing will be within the week and he can have hid kid back by the weekend.

 

[424Smudge]

How the hell could her parents have him locked up for kidnapping a child that isn't theirs either. They have no rights.

And if he dies tomorrow who do you think has rights to the child. I could technically call CPS right now and the child will be handed over to the state. Nobody has actual legal rights to the child in the eyes of the court but if dad doesn't step up then chances are VERY good that the GP's will get custody and I will bet my left leg that they have already consulted an attorney on this matter and the attorney is drafting up paperwork right now for them to retain custody. Dad needs to file for a paternity test and get the the courthouse last week.

 

[weenor]

Alabama Law

Please note that BB is correct because the quotations from the DHR website have to do with DHR procedure within that agency. That affidavit is evidence and does not establish legal rights as to custody. THis must be adjudicated by the Family Court division in whatever county you are in. Please also note that the grandparents can file something and if they file affidavits alleging that your brother is a danger to the child in many Alabama counties they will get an exparte order (without a hearing) for temporary or pendilite custody. Furthermore, try getting the county getting the county sheriff to help obtain the child with that little piece of paper. Probably not going to happen. Your brother needs a lawyer now.