My son(22yo) and his girlfriend(20yo) were together off and on for 4-5 yrs. They never married. They have an 18mth old girl. He did not get to sign the birth certificate, but she has his last name. Then they split up. He has been keeping her every weekend, sometimes more if the mom asks him to take her for another day or two. This was just an agreement between the two of them. He lives with me and has a job. He also is on his 2nd of 3yrs probation. The mom has been living with her older sister and her sister's husband, 10yo daughter, and their dad. The sister's family are on-again off-again meth cookers and users. The dad also uses and was high-ranking in a gang. The mom has a boyfriend who is a meth user and is also high up in a gang. Recently, the mom started using meth. She called my son the other night to come get the baby. She was going out of town and didn't know when she'd be back. She's with the boyfriend. She doesn't have a job. We live in Alabama.
No one here can tell you how difficult or easy it will be for your son to gain custody. However, as the seemingly more stable of the parents, his chances are greatly increased. Of course, paternity needs to be established to ensure that your son is the father of the child. He can retain counsel or contact DHR for further assistance.
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