Ex parte order in alabama by childs father. I am the mother and live in NY. have not been served.

Asked over 2 years ago - Watertown, NY

My daughters father informed me he has an ex parte order stating he has full legal and physical custody of our daughter. He is a felon in Lawrence County Alabama. He was arrested on Feb 12th 2011 and charged with 2nd degree unlawful manufacturing of a controlled substance (Class B) and was convicted of this October 5th 2011. He is on probation in Lawrence county. He states that he has a amended ex parte giving him full legal and physical custody of our daughter. when he first said he had did this he said judege glenn thompson ordered it. Then I informed him I was seeking help up here (NY) and that I was going to court because our daughter does not want to go to him and is terrified of him taking her. What can I do, if anything?

Attorney answers (1)

  1. Howard J Pobiner

    Pro

    Contributor Level 12

    Answered . If your daughter is here with you for more than 6 months, NY is the home state. Bring a proceeding to suspend his visitation until all conditions of his criminal probation are met and for visitation to be in New York, supervised.

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