If we have custody of a 2 non biological children, but the paternal side want to fight for the custody, can we file for adoption? 2 Answers as of March 15, 2017

We have had 2 non biological children for over 1 year now. The mother refused to do anything after DHR said no contact. Both children under 12 years old but not much want to stay where they are but the paternal grandmother keeps trying to get the biological father to fight for custody of them for her but she or any other family wants them. Father and biological grandmother have been through all DHR meeting and never took custody of them but I've already in 2016 been to court 3 times with the father. Career student who has porn on his computer and when the children visit they tell them that they are going to spank them or have me spank them. What I do at my house is my business. They are almost 10 years old and he only visits when it's convenient for him. Every time they visit with their father the behaviors get worse, cry and beg not have to go with the whole paternal side of the family.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I seriously doubt that the Probate Judge would allow you to attempt to litigate in his or her Court what is being litigated in the Juvenile Court. Think about it. You'd be asking one Judge to rule on something that is actually pending before another Judge. The odds are so low that I would think that you would be wasting effort and financial resources by attempting it. Fight that war on one front. Don?t attempt to create another litigation forum. The Courts do not want to cut a child?s connection with its biological parents as a general premise. There are myriad reasons for this public policy, but from your perspective, it?s simply inefficient to try to litigate the same issue in two separate forums. If the children?s interests truly demand a termination of parental rights, then the Juvenile Court will give you that ruling. Otherwise, attempt to work for the children?s benefit at maintaining healthy relations with whatever parties participate.
Answer Applies to: Alabama
Replied: 3/15/2017
The Zwiebel Law Firm, LLC
The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
Yes, you can file an adoption. Most residency requirements only require you to have physical custody of the children for 1 year. Past that, you can file an adoption. Everyone will have to show up at the hearing to prove why the adoption would not be in the children's best interest. If there is no financial support that would be an excellent reason for their objection to be denied.
Answer Applies to: Alabama
Replied: 3/15/2017
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