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Fortunately, Alabama law allows the court to grant emergency custody in extreme situations. The decision to file for emergency custody should not be taken lightly. It is only granted when a child has been abandoned or abused. Threatened abuse or mistreatment is also grounds for emergency custody.
Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.
Commonly Used Grounds for Emergency Child Custody in Alabama Child Abuse: Abuse of a child is never acceptable and is a common reason for an emergency custody change. Drug Addiction: A parent that is addicted to drugs or alcohol may not be able to provide proper care to a child.
WHAT ARE THE STEPS FOLLOWED IN APPOINTING A GUARDIAN OR CONSERVATOR FOR AN ADULT? Petition filed. Appointment of a guardian ad litem. Examination by physician. Appointment of Probate Court's representative. Hearing. Jury at hearing if demanded. Bond for conservator. Order granting petition.
Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND.