[kezro]

Grandparent or Bio father?? Bio father is in the military and is stationed over seas. The only reason the child in question isn't here is because both bio parents have to sign off on a child to leave the states. The mother hasn't had custody of the child. The child has been staying with a grandparent because while the mothers rights are still intact. The courts and both bio father and grandmother are trying to get the mothers parental rights taken away because she has been proven to be unfit for quite some time now. If the mothers rights are terminated would the child come to the father? The grandmother seems to think that the child should stay with her because she has had her through this whole ordeal and because the father is in the military and doesn't personally like the step mother. The father is in the military but also has a wife that has full custody of her own bio child, no criminal backround, and has been proven fit as a parent. Where does the child go according to Alabama state law?

[GV70]

Generally if a third party already has legal custody of a child, the natural parent must prove that a change in custody, particularly custody given to the parent, would benefit the child's physical and emotional well being.

In other cases A child's natural parent has a prima facie right to the custody of that child./Parks v. Parks, 157 So. 2d 212 Ala.); J.E.C. Jr. v. J.E.C. Sr. 575 So. 2d 592 (Ala. Civ. App. 1991). When a third party seeks to obtain custody over a parent's objections, he or she must prove that the parent is unfit for parenthood./Ex parte Mathews, 428 So. 2d 58 / The presumption is overcome, however, by evidence of neglect or abuse on the part of the parent./Gordon v. Mobile County Department of Pensions & Security, 473 So. 2d 1088/ And the presumption no longer applies when custody has already been awarded to a non-parent, either because the natural parent voluntarily gave up custody / Nicholas v. Nicholas, 464 So. 2d 527 (Ala. Civ. App. /,or because the court awarded it to the non-parent. In this case, the natural parent must show that a change would materially promote the child's best interest.

[Fr_Chuck]

Yes, did the courts give the grandmother guardianship or some level of custody, why does the grandmother have the child.

What has the father done, ( gone to court ?) to get custody of the child. He could have gotten the child with him though the court, so how hard has he fought to get the child.

At this point is he going to hire an attorney to represent him at the court hearings to take away the mothers rights?
And who is taking this action, he or the grandmother.