Custody of my minor child

Q

quanamc

New Member
Jurisdiction
Alabama
My child was sent to another county to visit with her grandparents and father who is incarcerated and they kept her refusing to return her to me and had a judge give them predente lite care. How can this be done when we live in a totally different county from where the custody order was issued
 
I think you mean pendente lite. Are you still married to the father or divorcing him? Everything I read says this is used during divorce hearings and are temporary orders for custody or support, etc. Alabama Motions for Temporary Relief FAQ's | DivorceNet.com

Alabama does have a grandparents visitation rights law. http://alisondb.legislature.state.al.us/alison/searchableinstruments/2015rs/bills/HB237.htm

Grandparents Rights Attorney Birmingham -

Though: The Alabama Supreme Court appears to have followed the decision in Troxel in finding those portions of the Alabama law unconstitutional along the same lines. It was held that Alabama's Grandparents Visitation Act unconstitutionally violated the parents due process rights. The court held that children's parents have the sole authority to determine with whom their children have contact, unless the parents themselves have lost their parental rights.

But it applies under other circumstances:

Such situations include when:
  • The parents are no longer married,
  • One or both of the parents is deceased,
  • The child was abandoned by a parent, or
  • The child was born outside of marriage.

If one of the above situations exists, the family court judge will consider the following in determining whether to Order grandparent visitation:

  • Whether the grandparents will help foster the relationship between the child and their parents,
  • The health of the grandparents,
  • The wishes of the parents, and
  • The desires of the minor child.
However how did they get this pendente lite custody order without notifying you? Even this article says it's during divorce hearings: Temporary Custody Laws -

You should get a lawyer. Something shady seems to be going on.
 
leslie82 said:
I think you mean pendente lite. Are you still married to the father or divorcing him? Everything I read says this is used during divorce hearings and are temporary orders for custody or support, etc. Alabama Motions for Temporary Relief FAQ's | DivorceNet.com

Alabama does have a grandparents visitation rights law. http://alisondb.legislature.state.al.us/alison/searchableinstruments/2015rs/bills/HB237.htm

Grandparents Rights Attorney Birmingham -

Though: The Alabama Supreme Court appears to have followed the decision in Troxel in finding those portions of the Alabama law unconstitutional along the same lines. It was held that Alabama's Grandparents Visitation Act unconstitutionally violated the parents due process rights. The court held that children's parents have the sole authority to determine with whom their children have contact, unless the parents themselves have lost their parental rights.

But it applies under other circumstances:

Such situations include when:
  • The parents are no longer married,
  • One or both of the parents is deceased,
  • The child was abandoned by a parent, or
  • The child was born outside of marriage.

If one of the above situations exists, the family court judge will consider the following in determining whether to Order grandparent visitation:

  • Whether the grandparents will help foster the relationship between the child and their parents,
  • The health of the grandparents,
  • The wishes of the parents, and
  • The desires of the minor child.
However how did they get this pendente lite custody order without notifying you? Even this article says it's during divorce hearings: Temporary Custody Laws -

You should get a lawyer. Something shady seems to be going on.
Click to expand...



I'm still married to her father but I'm actively seeking a divorce. He's been incarcerated for over 3 yrs of a 46 yr sentence. I allowed my child to visit with them and they were supposed to return her to me in order for her to start school on Sept 26 2016 but they didn't. I then called the prison where her father is located and removed her from his visitation list. Then two days later DHR was at my house. They cut off communication from me. I haven't seen or heard from my child. I was just able to get to my child over the weekend and a judge had already made the custody order. I did do a police report for interference with child custody but I haven't done a warrant as of yet. My police report is dated for 10-10-16 her custody order was given on 10-19-16. Then myself nor my child is a resident of the county where the custody order was given by a judge but yet she was given predente lite care custody
 
You need an attorney. Your questions are beyond the scope of any message board.
 
quanamc said:
I'm still married to her father but I'm actively seeking a divorce. He's been incarcerated for over 3 yrs of a 46 yr sentence. I allowed my child to visit with them and they were supposed to return her to me in order for her to start school on Sept 26 2016 but they didn't. I then called the prison where her father is located and removed her from his visitation list. Then two days later DHR was at my house. They cut off communication from me. I haven't seen or heard from my child. I was just able to get to my child over the weekend and a judge had already made the custody order. I did do a police report for interference with child custody but I haven't done a warrant as of yet. My police report is dated for 10-10-16 her custody order was given on 10-19-16. Then myself nor my child is a resident of the county where the custody order was given by a judge but yet she was given predente lite care custody
Click to expand...

I don't think you get to issue a warrant. That's up to the police department or court I believe.

Yeah you need a lawyer. Someone did something shady. I can't understand why they wouldn't have had you at court or just had granted them this temporary custody. Did DHR say why they were there? Obviously his parents called about something.

Lawyer up.
 
Okay, OP, read what this AL attorney has to say about "pedente lite" motions:
.
.
.
Alabama Motions for Temporary Relief FAQ's | DivorceNet.com
.
.
.
I don't know WHO filed such a motion.
Normally, the a spouse in a divorce action files such a motion for child support and emergency spousal support during the pendency of a divorce action.

How in heck the parents of your convicted, felon spouse managed this is a mystery to me.
It smell, as in scam or hanky panky.

You should have divorced this felon when he was initially incarcerated, upon conviction.
He has no defense from such a divorce, heck, no one can defend any divorce these days anyway.

As suggested, meet with a couple lawyers.
See what remedies exist, if you don't, someone is going to get money from you.
I'm guessing it'll be that convicted felon for his commissary.
 
army judge said:
Okay, OP, read what this AL attorney has to say about "pedente lite" motions:
.
.
.
Alabama Motions for Temporary Relief FAQ's | DivorceNet.com
.
.
.
I don't know WHO filed such a motion.
Normally, the a spouse in a divorce action files such a motion for child support and emergency spousal support during the pendency of a divorce action.

How in heck the parents of your convicted, felon spouse managed this is a mystery to me.
It smell, as in scam or hanky panky.

You should have divorced this felon when he was initially incarcerated, upon conviction.
He has no defense from such a divorce, heck, no one can defend any divorce these days anyway.

As suggested, meet with a couple lawyers.
See what remedies exist, if you don't, someone is going to get money from you.
I'm guessing it'll be that convicted felon for his commissary.
Click to expand...

See that's what I thought when everything I read on that motion said that it's during a divorce between the spouses. Not the grandparents.

I would go to the court that allegedly issued it and find out if it's true. Find out what happened. Shady, shady, shady.
 
leslie82 said:
See that's what I thought when everything I read on that motion said that it's during a divorce between the spouses. Not the grandparents.

I would go to the court that allegedly issued it and find out if it's true. Find out what happened. Shady, shady, shady.
Click to expand...

I'm guessing the felon and convict had his parents file on his behalf.
What's he got to lose, he's doing 40 years hard time anyway?
So, he gets the spouse to fund his commissary, and his conspirator parents get a few bucks for "caring" for the grandchild who is the cash KID!!!!
 
army judge said:
I'm guessing the felon and convict had his parents file on his behalf.
What's he got to lose, he's doing 40 years hard time anyway?
So, he gets the spouse to fund his commissary, and his conspirator parents get a few bucks for "caring" for the grandchild who is the cash KID!!!!
Click to expand...
I hope she isn't putting money on his commissary. I sure as hell wouldn't.
 
leslie82 said:
I hope she isn't putting money on his commissary. I sure as hell wouldn't.
Click to expand...

Sure, those "cons" are slick.
Hell, he got her NOT to divorce him for three years, more if you count the time the charges were pending.

That's what his parents did when they filed the action.
They'll get child support, and drop a few bucks on his "books".
That's the way the scam was supposed to work, before the OP opened her eyes!
 
leslie82 said:
I don't think you get to issue a warrant. That's up to the police department or court I believe.

Yeah you need a lawyer. Someone did something shady. I can't understand why they wouldn't have had you at court or just had granted them this temporary custody. Did DHR say why they were there? Obviously his parents called about something.

Lawyer up.
Click to expand...
They called DHR and told them I busted my 4 yrs old daughter lip and that I didn't have any food in my house
 
quanamc said:
They called DHR and told them I busted my 4 yrs old daughter lip and that I didn't have any food in my house
Click to expand...
Well they're going to investigate if someone makes an allegation. Someone reported my ex sister in law to CPS and her husband. No one knows for sure who. Her sister thought it was their mom or maybe her baby daddy's mom but they said they didn't do it. They talked to the four girls I heard. I don't know. But they seem to have some shadiness going on but I guess CPS didn't find anything. The girls weren't taken away or anything. Her baby daddy is a registered sex offender and in sex offender rehab so he's not going to get custody. We're all concerned about the husband she married after only knowing a year and was only dating a month and got engaged. Those girls act differently with him around and not in a good way. If I ever get proof (I hope he's not hurting them though) I will call CPS. People shouldn't make up accusations just because of a vendetta though.

So did DHR clear you? Have you talked to a lawyer?
 
leslie82 said:
Well they're going to investigate if someone makes an allegation. Someone reported my ex sister in law to CPS and her husband. No one knows for sure who. Her sister thought it was their mom or maybe her baby daddy's mom but they said they didn't do it. They talked to the four girls I heard. I don't know. But they seem to have some shadiness going on but I guess CPS didn't find anything. The girls weren't taken away or anything. Her baby daddy is a registered sex offender and in sex offender rehab so he's not going to get custody. We're all concerned about the husband she married after only knowing a year and was only dating a month and got engaged. Those girls act differently with him around and not in a good way. If I ever get proof (I hope he's not hurting them though) I will call CPS. People shouldn't make up accusations just because of a vendetta though.

So did DHR clear you? Have you talked to a lawyer?
Click to expand...
 

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