Michelle - Cana

 

Birmingham Child Custody Attorney

DEPENDENCY PETITIONS / DEPENDENT CHILDREN

If you know of a child (usually a grandchild, niece or nephew) whose parents are unable or unwilling to care for the needs of the child, you may file a Dependency Petition with the Family Court and ask the court to award custody of the child to you.  If you have a question about obtaining custody of a child, please contact Harwell Law Firm LLC today at (205) 980-1445 or on line by completing our Contact Us form.

Non-Parent Child Custody Cases

Under Alabama child custody laws, if there is a custody dispute between a parent and a nonparent, the parent has a prima facie right to custody over the nonparent.  This presumption does not apply, however, in a case in which the parent voluntarily forfeits his or her right to custody to a nonparent or where there is a finding of unfitness on the part of the parent. Any finding that the parent is unfit must be based on clear and convincing evidence. In most cases, dependency petitions are filed against parents for child abuse, illegal drug use, alcoholism and in cases in which parents suffer from severe psychiatric issues which prevent them from being able to care for a child.

Child Custody Attorney in DHR Cases

In addition to representing individuals who are attempting to obtain custody of a child from a parent, Harwell Law Firm LLC also represents parents and families when the Alabama Department of Human Resources (DHR) has filed a petition with the Court alleging that a child is dependent.