How to get custody of my son?

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How to get custody of my son?

My son’s mom and I are divorced. In the divorce it said that he was to live with her and we have open custody but he never lived with her; I have had him for 3 years. So now she is trying to take him for me now. What are my rights as for as the divorced being breached? I have taken care of him by myself for 3 years.

Asked on September 2, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you need to do is either you and she enter in to a new agreement as to who he will live with - in writing and so ordered by the court - or you go to court to modify the order in place and gain the right to be the custodial parent.  Please seek legal help.  Good luck.


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