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Domestic Relations

”I want custody because…”

Where does complaint/petition go?

Type of case

Legal Authority

Child is abused or neglected Juvenile Court
intake office
JU 12-15-102(8)a.1.;
12-15-114(a)
Child has no parent or guardian able and willing to care for them Juvenile Court
intake office
JU 12-15-102(8)a.2.;
12-15-114(a)
Child’s parent, etc. neglects or refuses to provide medical care for child when able to do so Juvenile Court
intake office
JU 12-15-102(8)a.3.;
12-15-114(a)
Child’s parent, etc. fails to send child to school Juvenile Court
intake office
JU 12-15-102(8)a.4.;
12-15-114(a)
Child is abandoned by parent, etc. Juvenile Court
intake office
JU 12-15-102(8)a.5.;
12-15-114(a)
Child’s parent, etc. unable or unwilling to discharge responsibilities to and for child Juvenile Court
intake office
JU 12-15-102(8)a.6.;
12-15-114(a)
Child placed for care or adoption in violation of law Juvenile Court
intake office
JU 12-15-102(8)a.7.;
12-15-114(a)
Child is in need of care and protection of the state Juvenile Court
intake office
JU 12-15-102(8)a.8.;
12-15-114(a)
I think I am the father of the child, and I am not married to the mother Clerk’s office CS 26-17-104
Child support was previously ordered to mother through paternity case, and now I want custody of the child Clerk’s office CS 26-17-104;
M.R.J. v. D.R.B.,
2009 WL 485708
(Ala. Civ. App. 2/27/09)
I need to enroll the child in school Clerk’s office DR 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984)
We are disputing who should have custody of the child (no dependency alleged or no prior JU or CS case) Clerk’s office DR 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984)
There is a previous custody order in a JU case, and now I want custody Clerk’s office JU  
There is a previous custody order in a CS case, and now I want custody Clerk’s office CS  
The Respondent was awarded custody through a previous divorce case in circuit court, and I want custody now because the child is “dependent” (no emergency situation or DHR isn’t the one filing the petition) Clerk’s office DR S.B. v. P.G.B.,
611 So.2d 392
(Ala. Civ. App. 1992)
Scott v. Stevens,
636 So.2d 444
(Ala. Civ. App. 1994)
The Respondent was awarded custody through a previous divorce case in circuit court, and I want custody now because the child is “dependent” (emergency situation or DHR is the one filing the petition) Juvenile Court
intake office
JU S.B. v. P.G.B.,
611 So.2d 392
(Ala. Civ. App. 1992)
Scott v. Stevens,
636 So.2d 444
(Ala. Civ. App. 1994)
Parties are in agreement to change custody (for whatever reason) and there is no dependency allegation Clerk’s office DR 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984)

 

Domestic Violence

INFORMATION ABOUT FILING A PETITION FOR PROTECTION FROM ABUSE

If you are about to file a Petition for Protection from Abuse and do not have a lawyer representing you, please carefully read the following:

  1. To obtain a Protection Order, you must state briefly in your Petition and be prepared to prove the date, time, place and circumstances of any recent act of abuse which was committed against you or the person for whom you are filing the Petition. The Judge may dismiss your Petition if it does not provide this basic detailed information.
  2. After you file your Petition, a Deputy Sheriff must deliver it to the person who committed the abuse. Until it is delivered, the Judge cannot hold a hearing on the Petition. For this reason, be sure to give the Circuit Court Clerk one or more accurate addresses or directions where the Petition can be delivered.
  3. If you are married, filing a Petition for Protection from Abuse will not get you divorced. Also, if the primary purpose of your Petition is to request a division of property between you and someone else, then your request is not likely to be granted.
  4. If you ask for your Petition to be dismissed or you fail to show up for the hearing set on the Petition, then any emergency Protection Order issued by the Judge will be set aside and will be no longer in effect.
  5. At the hearing set on your Petition, you must have any witnesses, record, photographs and other materials in court if you believe they are necessary to prove that you or the person for whom you are filing the Petition was abused. The Clerk can explain what is required for you have a witness subpoenaed to court.

Protection From Abuse Info Sheet

To download the Protection from Abuse Info Sheet, CLICK HERE.
NOTE: To view and download this form requires Adobe Acrobat Reader.

Protection From Abuse Form (5 pages)

To download a fillable version of the Protection from Abuse Form, CLICK HERE.
NOTE: To view and download this form requires Adobe Acrobat Reader.