The past 2 1/2 years have been complete chaos for my husband and I. My four year olds biological father hasent seen her since christmas of last year, the only child support pmt Ive gotten was his income tax this year and two pmts under $100 that the state took from his job, which he quit after learning they found him. He has a long history on record of drugs, DUI's, abuse towards women and even children (not sexual). I wouldnt send my child off with a stranger alcoholic and druggie who is abusive so why should I force this man into my childs life when it is so unsafe. How much do I need to pay a great lawyer to have his rights terminated. My husband is prepared to adopt, after all HE has been her Dad for this long. We need a lawyer and we need this dealt with ASAP! Thanks
It all depends on the work involved. Talk to a few attorneys before you decide. Most charge hourly fees.
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.
You need an attorney that is completely familiar with Alabama family law and practice. The situation you describe concerning a non-cusotodial parent's illegal and/or dangerous misbehavior is not uncommon. However, there is a presumption in the law that a natural parent's rights to visit with, and to have a familial relationship with, a non-custodial child should not be terminated by order of the court except for 'clear and convincing evidence' that such continuing relationship is physically dangerous to the child and no other remedy exists (such as supervised visitation, third party control over the child, DHR inspections, etc) to prevent injury to the child.
The presumption in the law is that such biological relationship should not be ended, as there is always the possibility for rehabilitation and reformation on part of the non-custodial parent. However, if the parent-child relationship is actually - not potentially - dangerous to the rights and safety of the child, the court is empowered to enter an order terminating parential rights. This is considered an extreme step and a step of last resort.
In the Montgomery area, an excellent attorney for this type family law practice is attorney Jacquelyn Tomlinson at Skier & Associates. Ms. Tomlinson can be reached at: (334) 263-4105.
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