Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My ex wife and I had a temporary custody agreement drawn up at the beginning of the school year allowing our son to come live with me. We agreed that at the end of the school year, if our son was doing well in school and wanted to stay with me, we would have papers drawn up and he could do so. It’s May now and he has done well in school and has said he wants to stay with me, but she’s trying to make him come back home to her. My question is: In Alabama, if I take her to court, do I have a good case? I really don’t want to drag him through the stress if it’s not going to be worth it. I know the whole ordeal will be hard on him.
If your wife’s parental rights have not been terminated, then you will not be able to completely keep her away from seeing your son. You can go to court and ask for a permanent custody order that will provide you with sole custody of your son, but the order will likely be denied. This is in large part due to the fact that most courts seek to foster the relationship between parents and children.
Alternatively, you can propose an agreement in which your son stays with you during the school year and spends summers with his mother. You may need to attend mediation to come up with a positive solution that is in the best interest of your son child regarding custody.
