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?

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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 8 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.


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