What rights do I have to get custody from my child’s mom if she was in a car wreck and is now paralyzed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights do I have to get custody from my child’s mom if she was in a car wreck and is now paralyzed?
I pay child support regularly. I am married; she is not. She will be in the hospital for sometime to come and is paralyzed below the waist. My son is 8. Her family is crazy and is arguing constantly about who will watch him and they are putting him in the middle of it. I need to know what I can do/what legal rights I have to take custody of him, if only for the time being. My child’s mother is coherent and can talk and make decisions. I know she will want to keep him but she will be unable to take care of him physically herself.
Asked on September 29, 2011 under Family Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for the situation with your son's Mother. This must be a very stressful and confusing time for all of you, especially for him. It is unclear here what type of agreement is in place between you and his Mother. Is there a voluntary agreement between you or is there a court order as to custody and visitation? Either way you can agree to modify what is in place if she is willing to do so (make sure that she has an attorney as well here) or you can go to court and ask that there be a modification of the agreement or order in place for custody of your son, even if it is temporary, based upon a change in circumstances. There is not Judge in the world that will not recognize that a life altering situation has taken place and that your son's Mother needs to be able to deal with this and get to a place where she can take care of herself and your son. And you are the next logical - and legal - alternative here. Good luck to you all.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.