How does father get custody?

Question Details:

2 teenage children living with maternal aunt in AL (mental/emotional abuse an issue); the mother is deceased; the father lives TX. He did not sign any parental rights away. He wants custody of both children and both children have also voiced that they want to be with him. How does the father legally start the process, especially when in a different state than the children?

Asked 11/9/2009 under Divorce, Marriage, Alimony | 418 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

If the children have been living in Alabama legally for at least six months, the custody case will have to be heard there.  Otherwise, if the children were in the last state before Alabama for at least six months, that's their "home state" until the six months in Alabama are complete.

The case gets started with a petition for custody;  while the form might be slightly different in some states, it isn't really any different than filing a complaint to start any other civil lawsuit.

Ordinarily, when a child's mother dies, the father has the best claim to custody.  That might be a bit complicated here, depending on how long ago mother died and what father has been doing in the meantime.  But the basic principle should still have at least some weight, and if you can prove abuse, the father has a good chance of getting custody here.

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