Third Party Custody in Alabama
Contents
Information
What rights do grandparents have to custody/visitation of minor children?
Under Alabama law, grandparents have limited rights to custody and visitation of minor children, especially if both biological parents are present in the child’s life. However, under some circumstances, grandparents can ask the court for visitation.
A grandparent may ask a court to award visitation if:
- The biological parents have filed for or are already divorced;
- One of the biological parents has died;
- The biological parents were not married when the child was born, and for a paternal grandparent, the child’s paternity has already been established;
- An action to terminate the parental rights of at least one of the parents has been filed.
The court will first assume that if the biological parent is denying a grandparent visitation, that that is in the child’s best interest. In order to be awarded visitation, the grandparent must show:
- That they have a significant relationship with the child. To show this, the grandparent can show that the child lived with them for 6 consecutive months; that they were a caregiver to the child; or that they had frequent or regular contact with the child, among other things.
- That visitation is in the child’s best interest
The grandparent will also need to show that they have the capacity to give the child love, affection, and guidance; that the child will be harmed if the grandparent isn’t allowed to have a relationship with the child; and that they will cooperate with the parents.
I am temporarily caring for children that aren’t mine. What rights and obligations do I have?
It is often helpful to get a delegation of parental authority. This is a form that one of the parents can sign, allowing you to make certain decisions for the child. This may help you get the child enrolled in school or seen by the doctor.
Not all forms you find online are created equal, so it is always best to talk to an attorney to make sure you are covered in your specific situation.
I am trying to enroll the child in school, but I can’t. What should I do?
First, you should see if the McKinney-Vento Act applies. This applies to children who meet the federal definition of homeless, which can include children who are temporarily living with other people.
If the McKinney-Vento Act does not apply to your situation, you may need a delegation of parental authority form, or you may need to get a temporary custody order.
My landlord told me I’m not allowed to have the child in my home. What should I do?
If the child will be living with you long-term, you should try to have them added to your lease.
If you live in public or subsidized housing (your rent is based on your income), it’s important you let your landlord know if other people move in with you. However, the housing authority cannot require you to get a formal custody order in order to have the child live with you. A statement from you may be sufficient, or a delegation of parental authority form.
If a public housing authority in Alabama tells you that you must get legal custody in order to have children living with you, you should speak to an attorney. You can contact Legal Services Alabama for help.
How do I get a temporary or permanent custody order?
You can file a petition for custody in the county where you live. This is a form that you can use. You will need the biological parents' addresses in order for them to be served.
If DHR is involved in your case, they may file a custody case on your behalf.
When you go to court, you should tell the court about how you have taken care of the child and why you will continue to be able to do so. It is helpful to bring any evidence you have, such as school records, medical records, or eyewitnesses.
I am interested in adopting the child living with me. What should I do?
There are limited free legal resources for adopting children in Alabama. You should consult a private attorney. You can find more information on the process here.
How do I receive child support for a child living with me?
You can contact DHR to start a child support case. They will need to locate the biological parents. Child support is based on the income of the parties. The biological parents will also need to be able to afford child support.
Child support is often difficult to collect. If one of the parents has a steady paycheck, that may be the best way to actually get support.
Can I apply for public benefits to help me support the child?
Yes. You can go here or here to see what benefits you might qualify for. These are based on income, but you might be able to count the child as part of your household.
Special benefits are also available for foster parents.
More Resources
Kinship & Grandfamily Resources — ANFRC
GKS Network: Education Toolkit
Tools and steps to support kinship students and caregivers in school.
View toolkit (PDF)
Alabama Kinship Navigator
A centralized site for locating local programs, legal help, benefits, and other services.
Visit the navigator
GrandFacts: Fact Sheets for Grandparents and Other Relatives Raising Children