I have been divorced for several years now. My ex husband still has a pretty strong relationship with my 8 year old son. He sees him every other week and helps support him financially. He basically follows the rules of standard visitation rights a father gets in Alabama. He is not biologically related to my son, but has been in his life since day one. I am having an issue with him not bringing him home at the time and/or day we agree upon. My son has missed school and other functions because of this. I want to know the best way legally to handle this situation. I need advice on what actions I can take legally to prevent this happening ever again. I want there to be guidelines to our agreement. Please help.
If your ex-husband is not the biological father of the child and has no court ordered visitation, it is totally up to you when, and if, he gets to see the child. Thus, you should discuss the matter with him to try and resolve your concern. If all else fails and he will not comply with your requests, you always have the option of disallowing visitation all together. Hope this helps.
If your ex-husband is not the biological father or adopted father any visitation he has is strictly governed by you. You have the ability to contact the police if he has kept your son beyond the time you agreed. This should be a last result as that action opens up many other issues. There is no contract or agreement that you can enter into for the visitation of your child in this situation. You can simply not allow visitation if the ex-husband refuses to comply. This is in your control.
Legally, your hands are tied. Your ex who is not the father is not subject to any legal ramifications on visitation because it would be the same if a friend were to take your son and not bring him back at the agreed upon time. Also, your ex has no legal right or obligation to support a son that is not his. In my view, you are lucky to have an ex who cares so much for a child that is not his.
However, I do not condone him missing school and not bringing him back on time. You need to set hard and fast rules in place to resolve this matter and explain to him that it is not in the child's best interest to miss school, etc. Perhaps suggest he attends the other functions that your son is in. Make sure he gets him to school on-time so you are not subject to truancy issues as a parent.
Please be aware that this is not legal advice, but merely, an answer to guide you in the proper direction. I would need to have a consultation with you and be apprised of all facts before I could give legal advice that could be relied upon. Additionally, no attorney-client privilege has been established. In accordance with AL Rules of Professional Responsibility: "“No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”
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