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Can a convicted felon (for meth) legally get custody of our 8 year old child?

Hartselle, AL |

My daughters father and I signed a Establish paternity order with custody and visitation included. In the papers he agreed to me moving out of alabama. The lawyer that we had said if I moved outside of 100 miles I had to let him know I was moving ahead of time. I did let him know and he went to court two days after I left and said I took her and he knew nothing about it. The judge gave him temporary full custody and no visitation for me. Now we went to court and the judge knows about his drug conviction and may still give him custody. He was convicted 10/5/11 of second degree manufacturing of meth. He is on 5 year probation. My crimminal record is clean. I have never been convicted of anything. I am a good mom and our daughter wants to be with me.

Attorney Answers 1

Posted

Yes. It is up to the judge.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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5 comments

Asker

Posted

You were my attorney in an accident case in 2007.

Randy William Ferguson

Randy William Ferguson

Posted

I hope you are doing okay. You never know what a judge will do. They will consider everything. Havnig a meth conviction is worse if children were living in the home at the time.

Asker

Posted

She was living with him at the time he was charged and convicted. And somehow he still has her.

Randy William Ferguson

Randy William Ferguson

Posted

That is unusual.

Asker

Posted

He was awarded sole custody. He did this so I would have to move back to alabama. The order is really screwed up. And I can't afford to put thousands of dollars down to fight. I cant even afford the child support payment they want.

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