My child’s mother never wanted her and has attacked and tried to choke her.

When a parent is worried that the other parent is not actually caring for the children, Alabama courts can and do take those concerns seriously. If the children are primarily living with grandparents instead of the custodial parent, that is something a court may consider in a custody case. The same is true for credible concerns involving neglect, instability, substance abuse, or unsafe conditions.

If you genuinely believe your child is in immediate danger, call law enforcement or contact DHR right away. Alabama law allows reports of suspected child abuse or neglect, and in some situations those reports can lead to emergency intervention. Ala. Code § 26-14-3.

That said, custody cases are decided on evidence, not suspicion or frustration. A judge will want to know what can actually be proven: where the children are living, who is caring for them day to day, whether school and medical needs are being met, whether DHR or CPS has been involved, and whether the current arrangement is serving the children’s best interests.

Under Alabama law, changing custody is not simple. Courts generally apply the standard from Ex parte McLendon, which requires the parent seeking custody to show that the proposed change would materially promote the child’s welfare. Alabama law also addresses situations involving abuse, neglect, or parents who are unable or unwilling to properly care for a child. See Ala. Code § 12-15-102.

The practical reality is that parents in this situation usually need to move quickly, stay calm, and become very focused on documentation. School records, medical records, text messages, witness testimony, prior court orders, and evidence showing who has actually been caring for the children often matter far more than arguments between the adults.

If you believe your children are unsafe or are not being properly cared for, it is important to speak with an experienced Alabama custody attorney as soon as possible about your options. Depending on the facts, that could involve a custody modification, emergency relief, or proceedings in juvenile court.

Most importantly, do not assume the situation will fix itself over time. In Alabama, existing custody orders remain in effect until a court changes them, and parents who want the court to intervene generally need to take formal legal action to protect their rights and their children.