Restoring Parental Rights Process

Summary

In Alabama, marrying the mother does not automatically restore the fathers parental rights. The custody order remains until modified by the court. DHR can impose visitation restrictions if its in the childs best interest, considering factors like safety, substance abuse, and criminal history. To challenge DHRs decisions, you can request a hearing, gather evidence, and seek legal representation. DHR typically needs a court order to remove a child unless its an emergency. Complaints about unfair treatment can be filed with the Alabama Department of Human Resources.

Full Conversation

Im in mobile al
Hi Anita, how can I assist you with your legal issue today? Could you provide some details about your situation?
If there is a custody order in place stating the father has supervsed visits, can he marry the mother and have his rights reatored
Hi Anita,
In Alabama, marrying the mother does not automatically restore the father's parental rights. The custody order will remain in effect until modified by the court. The father would need to petition the court for a modification of the custody order.
Would you like more information on how to file a petition for modification?

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov
No
Understood, Anita. If you have any other legal questions or need further assistance in the future, feel free to ask. Have a great day!
Can dhr tell a parent that they cannot visit a family members home
Hi Anita,
DHR (Department of Human Resources) can impose restrictions on a parent's visitation rights, including prohibiting visits to certain locations, if it's deemed in the best interest of the child. This can occur under circumstances involving safety concerns or other protective measures.
Would you like to know more about the criteria DHR uses to make such decisions?
Yes
Hi Anita,

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov

DHR considers several factors when making decisions on visitation restrictions, including:
- Safety and welfare of the child
- Previous abuse or neglect incidents
- Criminal history of the individuals involved
- Substance abuse issues
Would you like more detailed information on any of these criteria or on the process involved?
Substance abuse
Hi Anita,

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov

DHR evaluates substance abuse issues based on:
- Evidence of current use
- Impact on child safety
- History of substance abuse treatment
- Compliance with treatment recommendations
Would you like more details on the evidence they consider or the impact of non-compliance?
Yes
Hi Anita,

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov

DHR evaluates substance abuse issues with a focus on:
- **Evidence of Current Use:** Drug tests, witness testimonies, or medical records.
- **Impact on Child Safety:** Assessing if the substance use poses any risk to the child.
- **History of Substance Abuse Treatment:** Past attempts at treatment and their outcomes.
- **Compliance with Treatment Recommendations:** Adherence to prescribed treatment plans and programs.
Would you like more information on how to demonstrate compliance with treatment recommendations?
Yes
Hi Anita,
To demonstrate compliance with treatment recommendations, DHR looks for:
- **Regular Attendance:** Consistent participation in treatment programs or therapy sessions.
- **Completion Certificates:** Proof of completing substance abuse programs.
- **Negative Drug Tests:** Regular, clean drug tests.
- **Support Group Involvement:** Active participation in support groups like AA or NA.
Would you like more details on any of these points?
Dont they havr to have a court order to remove a child
Hi Anita,
Yes, in Alabama, DHR typically needs a court order to remove a child from their home unless it's an emergency situation where the child is in immediate danger.
Would you like more information on what constitutes an emergency situation or the process to obtain a court order?
Yes
Hi Anita,
In Alabama, DHR can remove a child without a court order in emergency situations where the child is in immediate danger. This includes instances of:
- Severe abuse or neglect
- Immediate threat to the child's safety
- Abandonment
Would you like more information on the legal process involved after such an emergency removal?
Yes
Hi Anita,
After an emergency removal, DHR must:
- **File a Petition:** Within * hours to justify the removal.
- **Emergency Hearing:** Held to review evidence and determine if the child should remain in DHR custody.
- **Court Review:** Regular court reviews to assess the child's situation and the parents' compliance with court orders.
Would you like to know more about the emergency hearing process or the criteria for the court's decisions?
How can they make a mother leave her home just because the grandmother didn't submit to drug testing
Hi Anita,
DHR can impose restrictions if they believe a child's safety is at risk. If the grandmother's refusal to submit to drug testing raises concerns about a safe environment, they might ask the mother to leave to protect the child.
Would you like more information on challenging such decisions by DHR?
Yes
Hi Anita,
To challenge a decision made by DHR, you can:
- **Request a Hearing:** File a petition for a court hearing to contest DHR's decision.
- **Legal Representation:** Hire an attorney to represent you.
- **Provide Evidence:** Present evidence showing a safe environment and compliance with DHR requirements.
Would you like more details on how to file a petition or find legal representation?
Does one smoking weed cause a non safe environment
Hi Anita,
In Alabama, smoking weed can be considered a safety concern, especially if it impacts a child's welfare. DHR may view it as creating an unsafe environment, particularly if it leads to neglect or impaired caregiving.
Would you like more information on how DHR evaluates substance use in such cases?
But it doesn't affect the child in anyway, they removed the child from her only home
Hi Anita,
I'm sorry to hear about your situation. In Alabama, DHR assesses the overall safety and welfare of a child, and substance use, including weed, can be a factor if they believe it impacts the child's environment.
Would you like to know more about potential steps you can take to address DHR's concerns or the legal processes involved in challenging their decision?
No i want to know who i can contact to report unfair treatment
Hi Anita,
You can report unfair treatment by DHR to the following:

Alabama Department of Human Resources - Office of Child Protective Services


Phone: (*) *-*
Address: * North Ripley Street, Montgomery, AL *
Website: www.dhr.alabama.gov

Would you like more information on how to file a complaint or the process involved?
Yes
Hi Anita,
To file a complaint about unfair treatment by DHR, you can:

Alabama Department of Human Resources - Office of Child Protective Services


Phone: (*) *-*
Address: * North Ripley Street, Montgomery, AL *
Website: www.dhr.alabama.gov

- **Write a Complaint:** Clearly detail the unfair treatment and any supporting evidence.
- **Submit Online:** Through the DHR website's complaint form.
- **Follow-Up:** Keep track of the complaint status and any responses.
Would you like more details on what information to include in your complaint?
Yes
Hi Anita,
To file a detailed complaint about unfair treatment by DHR, include:
- **Specific Incidents:** Describe the events and dates.
- **Supporting Evidence:** Provide any documentation or witness statements.
- **Impact on You:** Explain how the treatment affected you and the child.
- **Desired Outcome:** State what you hope to achieve from the complaint.
Would you like more information on collecting supporting evidence or any other aspect of the complaint process?
Can they dictate who the mother lives with
Hi Anita,
DHR can sometimes influence who the mother lives with if it's related to the child's safety. This might occur if the living arrangement poses a risk to the child.
Would you like more details on the criteria DHR uses to make such decisions or on how to challenge them?
Yes
Hi Anita,
DHR evaluates living arrangements based on:
- **Safety of the Child:** Ensuring the environment is free from harm.
- **Criminal History:** Assessing the background of household members.
- **Substance Abuse:** Evaluating the risk posed by any substance use.
- **Past Incidents:** Considering any previous reports of abuse or neglect.
Would you like details on how to challenge their decision or specific criteria they use?
Yes
Hi Anita,
To challenge DHR's decision on your living arrangements, you can:
- **Request a Hearing:** File a petition for a court hearing to contest the decision.
- **Gather Evidence:** Show proof of a safe living environment.
- **Legal Representation:** Consider hiring an attorney.

Would you like more details on how to file a petition or gather evidence?
Yes
Hi Anita,
To file a petition or gather evidence to challenge DHR's decision on your living arrangements, you can:
- **File a Petition:** Submit a formal request to the court for a hearing.
- **Gather Evidence:** Collect documents, photos, or witness statements proving a safe living environment.
- **Legal Representation:** Hire an attorney experienced in family law.
Would you like more details on specific forms needed for the petition or tips for gathering compelling evidence?
Yes
Hi Anita,

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov

To file a petition or gather evidence, consider:
- **Specific Forms:** Obtain the necessary forms from the court or their website.
- **Compelling Evidence:** Focus on documents, photos, or witness statements showing a safe environment.
- **Legal Representation:** Seek an attorney for guidance.
Would you like help with specific forms or tips on gathering evidence?
Specific forms
Hi Anita,
To file a petition at the Mobile County Family Court, you'll need specific forms such as:
- **Petition for Modification**: To request changes to existing custody orders.
- **Affidavit**: To provide sworn statements supporting your case.

Mobile County Family Court


Phone: (*) *-*
Address: * Government Street, Mobile, AL *
Website: www.mobilecountyal.gov

Would you like more details on how to fill out these forms or additional guidance on the process?