Legal Information: Alabama


June 12, 2018

I am the child's relative. Can I get custody of the child?

There is an assumption that it is in the best interest of the child to be with the natural parent. For a non-parent to get custody, the parents have to either give up their rights (or be deceased) or the non-parent seeking custody has to prove that the parent is guilty of such bad misconduct or neglect that the parent is unfit and an improper person to be entrusted with the care and upbringing of the child.1

1Ex parte Jonathan M. Terry; 494 So. 2d 628, Supreme Court of Alabama (1986)