How Do I Get Sole Custody of My Daughter from the Unmarried Father in Alabama?
Full Question:
Answer:
I'm assuming there is no current order for custody and you were not married to the father. A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted of a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.
Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments.
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Please see the following AL statutes:
§ 12-15-317. Who may file petition.
The Department of Human Resources, any public or private
licensed child-placing agency, parent, child, or any
interested person may file a petition to terminate the
parental rights of a parent or parents of a child.
(1) Mandatory filing of petition by the Department of Human
Resources. The Department of Human Resources shall be
required to file a petition to terminate the parental rights
of a parent or parents of a child, or if the petition has
been filed by another party, shall seek to be joined as a
party to the petition, and, concurrently, to identify,
recruit, process, and approve a qualified family for
adoption, in the following circumstances:
a. In the case of a child who has been in foster care in the
custody of the Department of Human Resources for 15 of the
most recent 22 months.
b. If a child has been abandoned.
c. If the parent has committed murder of another child of
that parent.
d. If the parent has committed manslaughter of another child
of that parent.
e. If the parent has aided, abetted, attempted, conspired,
or solicited to commit murder or manslaughter of another
child of that parent.
f. If the parent has committed a felony assault that has
resulted in serious bodily injury, as defined in
paragraph c. of subdivision (5) of subsection (a) of
Section 12-15-319, to the child, to another child of the
parent, or to the other parent of the child.
(2) Exceptions to mandatory filing shall include any of the
following factors:
a. The child is being cared for by a relative.
b. The Department of Human Resources has documented in the
individualized service plan, which shall be available for
review by the juvenile court, a compelling reason for
determining that filing a petition would not be in the best
interests of the child.
c. The Department of Human Resources has not provided to the
family of the child, consistent with the time period in the
individualized service plan of the Department of Human
Resources, such services as the Department of Human Resources
deems necessary for the safe return of the child to his or
her home, if reasonable efforts are required to be made with
respect to the child.
§ 12-15-319. Grounds for termination of parental rights; factors
considered; presumption arising from abandonment.
(a) If the juvenile court finds from clear and convincing
evidence, competent, material, and relevant in nature, that
the parents of a child are unable or unwilling to discharge
their responsibilities to and for the child, or that the
conduct or condition of the parents renders them unable to
properly care for the child and that the conduct or condition
is unlikely to change in the foreseeable future, it may
terminate the parental rights of the parents. In determining
whether or not the parents are unable or unwilling to
discharge their responsibilities to and for the child and to
terminate the parental rights, the juvenile court shall
consider the following factors including, but not limited to,
the following:
(1) That the parents have abandoned the child, provided that
in these cases, proof shall not be required of reasonable
efforts to prevent removal or reunite the child with the
parents.
(2) Emotional illness, mental illness, or mental deficiency
of the parent, or excessive use of alcohol or controlled
substances, of a duration or nature as to render the parent
unable to care for needs of the child.
(3) That the parent has tortured, abused, cruelly beaten, or
otherwise maltreated the child, or attempted to torture,
abuse, cruelly beat, or otherwise maltreat the child, or the
child is in clear and present danger of being thus tortured,
abused, cruelly beaten, or otherwise maltreated as evidenced
by the treatment of a sibling.
(4) Conviction of and imprisonment for a felony.
(5) Commission by the parents of any of the following:
a. Murder or manslaughter of another child of that parent.
b. Aiding, abetting, attempting, conspiring, or soliciting
to commit murder or manslaughter of another child of that
parent.
c. A felony assault or abuse which results in serious bodily
injury to the surviving child or another child of that
parent. The term serious bodily injury shall mean bodily
injury which involves substantial risk of death, extreme
physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(6) Unexplained serious physical injury to the child under
those circumstances as would indicate that the injuries
resulted from the intentional conduct or willful neglect of
the parent.
(7) That reasonable efforts by the Department of Human
Resources or licensed public or private child care agencies
leading toward the rehabilitation of the parents have
failed.
(8) That parental rights to a sibling of the child have been
involuntarily terminated.
(9) Failure by the parents to provide for the material needs
of the child or to pay a reasonable portion of support of
the child, where the parent is able to do so.
(10) Failure by the parents to maintain regular visits with
the child in accordance with a plan devised by the
Department of Human Resources, or any public or licensed
private child care agency, and agreed to by the parent.
(11) Failure by the parents to maintain consistent contact
or communication with the child.
(12) Lack of effort by the parent to adjust his or her
circumstances to meet the needs of the child in accordance
with agreements reached, including agreements reached with
local departments of human resources or licensed
child-placing agencies, in an administrative review or a
judicial review.
(b) A rebuttable presumption that the parents are unable or
unwilling to act as parents exists in any case where the
parents have abandoned a child and this abandonment continues
for a period of four months next preceding the filing of the
petition. Nothing in this subsection is intended to prevent
the filing of a petition in an abandonment case prior to the
end of the four-month period.