Athens, GA asked in Divorce for Alabama

Q: What is criteria for common law in alabama?

I have been divorced from my ex wife 4yrs. i have pr. physical custody. i let her move back in for 6 mo. problems(criminal) w her son. she filed pfa in another county. will the custody hearing go back to county where i live? and doesnt she have to have residence for 6 mo. in the county where she llives to get custody?

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: Gotta put on my Carnac the Magnificent get-up in order to figure out what in the world you are talking about. Do you want to know about common law marriage? You've got to live together as husband and wife (that is--engaging in sexual intercourse) with the INTENT that you are and CONSIDER yourselves to be husband and wife. Do you want to know about a protection from abuse order? There is a whole area of the Alabama Code dedicated to protection from abuse petitions and how they work, and no, she doesn't need to reside in the county for 6 months before she files a "PFA." Who is the PFA order against? Her? You? The kid? And by the way, where does the custody hearing come from? Did she run off with the kid? Even with the amazing powers of Carnac, I cannot divine what the problem is here.

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