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Questions Answered by Barbara H. Agricola
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: My husband does not pay child support for his daughter but wants custody what can he do.

He provides all essential needs such as clothes, school supplies, and gives money to his ex when she asked but does not pay the child support because in the past when he has she did not use it for the child. We have the daughter often so we play a big role in her life and provide everything she... View More

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

your husband can file a petition to modify the custody arrangement. in order to be successful, he will need to prove that the change in custody will materially benefit the child and the benefits will outweigh the inherently disruptive impact the change will have on the child. or you can try and... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I just moved to Alabama a few months ago with my children's father. How long do we have to reside here for the custody h

I just moved to Alabama a few months ago with my children's father. How long do we have to reside here for the custody hearing to take place here

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

ordinarily, the children must reside in the county in which the action is filed 6 months preceding the filing. so 6 months is the answer.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Criminal Law for Alabama on
Q: Can i have my sons broken car towed to his new residence without breaking the law?

My son moved in with us for awhile and then started creating problems and we told him he had to move, he got an apartment but left his broken car at our house. I have texted him several times to come get it and he refuses and says if i sell it or have it towed he will report it stolen and i would... View More

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

you can certainly have it towed since it is currently on your property. where you have it towed is up to you. it would be wise to keep a record of you informing your son what you are doing via text, email, or recording so that if he chooses to report it stolen, there would be no potential... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: How long does a Sheriff's Department/Coroner or Courthouse have to keep records in Alabama involving an unsolved murder?

Hypothetical: If someone was murdered in 1965 a suspect was tried and aquitted, never solved. How long would they be required to keep these files and would it still be considered a cold case being that no one was ever found guilty?

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

that is pretty far back but they may have the records in storage off grounds somewhere. as far as im aware, there is no set time limit for law enforcement to keep case files. for attorneys, its 7 years.

1 Answer | Asked in Child Custody and Criminal Law for Alabama on
Q: Is it illegal or child abuse to spank your child?

Not "spank" to where you are leaving bruises or marks on the child. Just a spanking when appropriate. I ask this bc today the director over the head start program my child attends sent out an email to all the teachers to send home to with the parents stating that there has been a couple... View More

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

you are correct. normal spanking is not against the law or considered child abuse. however, the school may have its own policies that prevent it so if thats the case, it would be wise to avoid that type of discipline when on school grounds or in view of a school employee.

1 Answer | Asked in Criminal Law for Alabama on
Q: 18yr old arrested for Theft of Prop IV. What do we need to expect at the appearance bond hearing?

Is youthful offender an option with no prior record?

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

youthful offender program is definitely a viable option and i would recommend it. of course, it is only if there is no prior criminal record. additionally, the YO program is sealed since they are under age of majority so thats an added benefit.

1 Answer | Asked in Criminal Law for Alabama on
Q: Does youthful offender make you look guilty? 1st degree robbery
Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

not really. the youthful offender program is available to defendants under the age of majority who have committed a crime that is a first offense, so no previous criminal record. completing the YO program does not necessarily implicate guilt. in fact, upon successful completion of the YO program,... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Ohio on
Q: My case was dropped to a misdemeanor then dismissed but it's on my driving record. how do i have it removed ?
Barbara H. Agricola
Barbara H. Agricola
answered on Aug 8, 2017

depending on the charge, you may be able to have it expunged. youll need to check the laws in Ohio regarding expungements. however, if the case was ultimately dismissed, then it shouldnt be showing on your driving record at all. sounds like you need to call the appropriate agency to explain the... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: My 21 year old stepson is a driver on my auto policy. Does this open me up to liability risks if he is negligent?

I've just added him to my auto policy with Allstate. He's listed as an occasional driver on my car. He bought a car that he's having trouble getting registered in MD due to issues with the title. The previous owner let him keep the VA plates. The car isn't reported stolen, but... View More

Barbara H. Agricola
Barbara H. Agricola
answered on Aug 8, 2017

yes, you can be held liable for anything your son does. the insurance policy travels with the person not the car. so if your son is involved in an accident while driving someone else's car, a claim could be made on your car insurance and/or the owner of the car's insurance policy.

1 Answer | Asked in Car Accidents for Alabama on
Q: Was going "wrong way" down a parking lot lane and was backed into.

wrong way is quoted because the parking lot has dual arrows showing that the lane was to be shared. I was not speeding going about 5mph and have a witness who was in the vehicle with me. The person who hit me is saying it is my fault and we may go to court. What is your view on the whole situation?

Barbara H. Agricola
Barbara H. Agricola
answered on Aug 8, 2017

if the street is technically the wrong way and you were traveling the wrong way, then you would be at fault because, but for your negligence in turning on the street going the wrong way, they would not have backed into you. if the street was not a wrong way since your question seems to imply that... View More

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