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Alabama Questions & Answers
1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on May 18, 2023

The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Who is right, legally, Bob or Betty (unmarried roommates) regarding sharing proceeds from Alabama property sale?

Bob owns a 7 acre parcel. Bob and Betty jointly own an adjacent 14 acre parcel. Bob and Betty bought a mobile home and placed it on the parcel Bob owns. They jointly signed a mortgage for $70,000, pledging the two parcels as security. The mobile home became a part of the 7 acre property as an... Read more »

John Michael Frick
John Michael Frick
answered on May 16, 2023

There is no right or wrong answer. It depends on what the parties agree to.

But, if they sell the 7 acre parcel with the mobile home, the presumably will get more because of the value the mobile home adds. Unless they’ve not kept the mobile home in good repair, one would assume the...
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3 Answers | Asked in Immigration Law for Alabama on
Q: What’s the status for a FN driver licence holder when their green hard has been expired while waiting for citizenship?

Last time I used my green card to do it, now since both of my cards are expired at the same time how I can get an ID?

James L. Arrasmith
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answered on May 16, 2023

If your green card has expired while you are waiting for your citizenship application to be processed, you may face challenges in obtaining a state ID or driver's license. However, each state has its own rules and regulations regarding identification requirements, so it is important to check... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: How can I ask the at fault drivers insurance company what their policy limits are without lawyer ?

I do have a lawyer currently, but they are not being transparent or giving me information. I am considering going with someone else. In the mean time , I want to know the at fault drivers policy limits. I have ongoing medical treatment and it is important to me to know what my case is potentially... Read more »

Jeffrey G. Blackwell
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Jeffrey G. Blackwell
answered on May 2, 2023

I would first recommend you meet and talk with your lawyer. It is so important the lawyer-client relationship be one of trust and communication. The person you already hired owes you a duty to communicate regularly and work tirelessly to get you the best result.

At our office, we believe...
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3 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: How can I ask the at fault drivers insurance company what their policy limits are without lawyer ?

I do have a lawyer currently, but they are not being transparent or giving me information. I am considering going with someone else. In the mean time , I want to know the at fault drivers policy limits. I have ongoing medical treatment and it is important to me to know what my case is potentially... Read more »

Christopher Belk Estes
Christopher Belk Estes
answered on May 2, 2023

In Alabama, the at fault driver's insurance company is not required to disclose the amount of coverage their insured has in place. You can certainly make that request of the carrier simply by sending a letter or by a telephone call, but they are not required to disclose the amounts of... Read more »

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1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: is it illegal for me and my girlfriend to run away out of the country im 16 and she is 14. if so how much trouble would

we be in?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 24, 2023

The short answer is that you would be in a world of trouble. You and she are both minors, and cannot yet be emancipated -- that is seen as adults-- because of your ages. You are barely outside the limits of the age difference that would make having sex with your 14 year old girlfriend illegal. If... Read more »

2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... Read more »

James L. Arrasmith
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answered on May 2, 2023

If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.

You may want...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My husband was already on bond and got arrested with new charges and a bond was set for those charges but they revoked h

His bond , how can I get it reinstated

Travis T Juneau
Travis T Juneau
answered on Apr 11, 2023

Now that your husband's bond has been revoked by court order, there are only two ways for him to be eligible to make bond in the new case 1) a new court order reinstating his bond would make him eligible for release or 2) the older case gets resolved thus taking him off bond in that case. The... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband graduated drug court in 2015. If he is charged again will the previous charges affect him
Travis T Juneau
Travis T Juneau
answered on Apr 11, 2023

It will affect a new charge but will not be counted as a prior conviction if the drug court charges are dismissed. The prosecutors will consider it, and the fact that he has been through drug court in the past may limit your husband's options. Still, if he is found guilty of the new offenses,... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My grandfather left will for kids and grandkids. I am a grandchild but the way the will was written land has to be sold

to get our part. The house and 5 acres is what is left. I took care of my mother and moved in with her until her passing. I have lived there and my brother has trailer on the 5 acres along with his son who bought out another grandchild part. So I still have my part but am being told that my brother... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 10, 2023

If you are a tenant in common, then you own an undivided interest. And any possessory/ejectment proceedings will be dismissed. But it sounds like you should hire an AL attorney to search the Title and determine exact ownership now, prior to any suit against you. A Partition Action might be in... Read more »

1 Answer | Asked in Small Claims for Alabama on
Q: Can I sue to get my money back if it’s an “as is” type purchase?

I bought a used car from a private owner who lives in Georgia (we live in Alabama). He sold it to us for $5200 but ended up giving us $400 back the day of the sale because he forgot to tell us that the title was in the hands of a used car dealer instead of him & that I’d have to pay the fees.... Read more »

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. It sounds like you purchased the car in Georgia. Because purchase was in Georgia, Georgia state law would control the remedies available to you. If you had purchased in Alabama, Alabama is a "buyer beware" state. Meaning, as is purchases are final once... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Consolidation is not uncommon. Judges often consolidate cases for the purposes of "judicial economy" or "judicial efficiency." For example, if one party has essentially the same issue with two opposing parties, consolidating the two cases can help ensure that the common issue is... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

James L. Arrasmith
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answered on Apr 6, 2023

Consolidation of two trademark infringement cases is not uncommon, especially when they involve similar issues or parties. Consolidation can result in a more efficient use of the court's time and resources and may also help to avoid inconsistent rulings.

If you are planning to file...
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2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

James L. Arrasmith
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answered on May 2, 2023

Consolidating cases is a common practice in the legal system, especially if the cases involve similar legal issues or parties. It can save time, resources, and reduce the risk of inconsistent rulings. Consolidation can also prevent a party from filing multiple lawsuits against the same defendant... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Small Claims for Alabama on
Q: Can I sue defendent that pleaded guilty 2022 to harassment charge dated 2019?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Mar 30, 2023

I'm sorry to hear about your experience. Yes, you can sue almost anyone by simply filing a complaint and paying the filing fees. The question is whether you can win and what you might recover. Basically, does the potential reward outweigh time and expense. More details are necessary for such... Read more »

1 Answer | Asked in Gov & Administrative Law, Workers' Compensation and Employment Law for Alabama on
Q: Hi, I am an LLC looking to hire remote workers throughout the country. Would we need to file a foreign llc in each state

Would we need to file a foreign LLC in any state that we conduct business. We are hiring them as independent contractors. Also would we need to have worker's compensation?

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Each State has its own rule on what constitutes "doing"/"conducting" business for the purpose of determining whether an out-of-state business must register there as a "foreign" entity. Having an employee in a particular State may be, but isn't always, a factor in... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year

I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year and I’m scared to file because I owe . Can I setup a payment plan outside of the bankruptcy and not get in trouble

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 22, 2023

Yes, you may set up a payment plan with the IRS at this point, and it behooves you to do so, as generally, the Bankruptcy Code requires you to remain "current" upon ongoing obligations.

The IRS, however, may require you to obtain judicial approval of any payment plan with the...
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1 Answer | Asked in Agricultural Law, Car Accidents and Personal Injury for Alabama on
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?

We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries.

Here’s the statutes on this issue:

Ala...
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2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: Can I fire my lawyer and negotiate on my own ?

I was in a car accident where the other party admitted fault ( I was rear ended at a high speed ).

I hired a lawyer but he is not trustworthy, doesn't respond to my questions in a nice way, and hides all my medical bills from me. He acts like I am stupid for asking questions about my... Read more »

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

You’re entitled to terminate your lawyer at any time. However, the lawyer will likely be entitled to a lien for his attorney’s fee.

You can negotiate your own settlement. However, your healthcare providers and/or health insurer have a right to be paid back out of your settlement funds....
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2 Answers | Asked in Immigration Law for Alabama on
Q: I have questions about Vistas from the US to the UK and joint citizenship.

I am looking to move from the US to the UK sometime in the beginning of next year. My boyfriend is a British Citizen in the UK and I am looking to join him & get a place together but we don't know all the specifics of the Vistas. We have done some research but are both a little confused on... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

If you are planning to move to the UK to live with your boyfriend, you will need to apply for a visa that allows you to enter and remain in the UK. There are different types of visas available, depending on your circumstances.

One option could be the Spouse Visa, which allows married...
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