| ”I want custody because…” | Where does complaint/petition go? | Type of case | Legal Authority |
| Child is abused or neglected | Juvenile Court
intake office | JU | 12-15-102(8)a.1.;
12-15-114(a) |
| Child has no parent or guardian able and willing to care for them | Juvenile Court
intake office | JU | 12-15-102(8)a.2.;
12-15-114(a) |
| Child’s parent, etc. neglects or refuses to provide medical care for child when able to do so | Juvenile Court
intake office | JU | 12-15-102(8)a.3.;
12-15-114(a) |
| Child’s parent, etc. fails to send child to school | Juvenile Court
intake office | JU | 12-15-102(8)a.4.;
12-15-114(a) |
| Child is abandoned by parent, etc. | Juvenile Court
intake office | JU | 12-15-102(8)a.5.;
12-15-114(a) |
| Child’s parent, etc. unable or unwilling to discharge responsibilities to and for child | Juvenile Court
intake office | JU | 12-15-102(8)a.6.;
12-15-114(a) |
| Child placed for care or adoption in violation of law | Juvenile Court
intake office | JU | 12-15-102(8)a.7.;
12-15-114(a) |
| Child is in need of care and protection of the state | Juvenile Court
intake office | JU | 12-15-102(8)a.8.;
12-15-114(a) |
| I think I am the father of the child, and I am not married to the mother | Clerk’s office | CS | 26-17-104 |
| Child support was previously ordered to mother through paternity case, and now I want custody of the child | Clerk’s office | CS | 26-17-104;
M.R.J. v. D.R.B.,
2009 WL 485708
(Ala. Civ. App. 2/27/09) |
| I need to enroll the child in school | Clerk’s office | DR | 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984) |
| We are disputing who should have custody of the child (no dependency alleged or no prior JU or CS case) | Clerk’s office | DR | 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984) |
| There is a previous custody order in a JU case, and now I want custody | Clerk’s office | JU | |
| There is a previous custody order in a CS case, and now I want custody | Clerk’s office | CS | |
| The Respondent was awarded custody through a previous divorce case in circuit court, and I want custody now because the child is “dependent” (no emergency situation or DHR isn’t the one filing the petition) | Clerk’s office | DR | S.B. v. P.G.B.,
611 So.2d 392
(Ala. Civ. App. 1992)
Scott v. Stevens,
636 So.2d 444
(Ala. Civ. App. 1994) |
| The Respondent was awarded custody through a previous divorce case in circuit court, and I want custody now because the child is “dependent” (emergency situation or DHR is the one filing the petition) | Juvenile Court
intake office | JU | S.B. v. P.G.B.,
611 So.2d 392
(Ala. Civ. App. 1992)
Scott v. Stevens,
636 So.2d 444
(Ala. Civ. App. 1994) |
| Parties are in agreement to change custody (for whatever reason) and there is no dependency allegation | Clerk’s office | DR | 12-11-31(1);
12-15-114(a) ;
Ex Parte Handley,
460 So.2d 167
(Ala. 1984) |