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Alabama Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm 17 and pregnant my boyfriend is 30 can my legal guardian have him arrested or can we get married
Bettie Carmack
Bettie Carmack answered on May 8, 2022

Can he be arrested? It would depend upon when you began sexual relations and whether there was some type of fiduciary relationship violated when he engaged in sexual relations with you.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: I am 18, in highschool graduating in May, I turn 19 in July. Can I move in with my sister to finish highschool without

My parents permission? Ive wanted to move out for years due to the way my mother has treated me. My siblings all got out as quick as they could because of the way she treats us. She is unfit to raise any child and the only reason i never moved out sooner is because the legal process would be long... Read more »

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

You can contact Legal Services or the volunteer program they likely would be able to offer you legal assistance at no charge. As for school, children generally are required to attend the school in which they are zoned. If your sister lives outside of the school zone, a possible issue could be... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Should I file a missing person report and put up fliers around town on behalf my 10 yr son?

I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... Read more »

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

This is a great situation to seek the services of a paid attorney or an attorney with a charitable organization. The complexity of the situation will preclude most attorneys from being able to offer specific advise online. In addition, a public posting of strategy may be seen by the person alleged... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: I pay child support whn I get paid how do I file to get to see them
Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

An attorney could offer you legal advice on this issue upon securing their services. The Alabama Bar could give you the name of attorneys if you do not want to choose one of the attorneys on this website.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Im ordered to pay child support to my kids grandmother, but they have never lived with her. Is it legal?

She gained temporary custody in 2010, but they have never lived with her. They were with their father and kept away from me. He passed away in July and now they live with me. She’s used them for benefits for child support, welfare assistance and food stamps be because of the custody order and... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 23, 2022

If there have been a change in circumstances, you can file a petition with the court to seek to modify custody, modify child support, or modify any garnishment order.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Divorced Child support/family court:

I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 14, 2022

A request, publicly, for how to resolve a legal issue is a request that your case strategy be made public and said strategy could then be discovered by whoever is on the other side of your case. It is recommended that you contact a family law attorney for a paid or free consultation to get legal... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Alabama on
Q: Can my boyfriend leave at 16 in the state of alabama without parental consent?

So, my boyfriend is 16 and i’m 17. we are currently expecting a baby. his parents are not supportive. they’ve took away all his belongings and made him sleep on the floor in their room. we aren’t aloud to talk unless it’s at a doctors visit. his grandparents have full custody of him but he... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

Does your boyfriend have the ability to return to his grandparents' home since they officially have custody of him? If so, that would resolve some of the issues you mentioned. Your boyfriend likely can contact DHR if he believes he needs assistance. If he decides to file an emancipation... Read more »

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I need to file for temporary custody of my daughter how do I do that

My husband is very abusive and I'm trying to find out how to get emergency temporary custody of our daughter so that I can leave him

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

It is recommended that you seek the assistance of a lawyer. You can contact the Alabama State Bar. If your life is in danger or in harm's way, it is not advised to use a public message board to seek assistance. YWCA helps abused individuals. The state bar can recommend atttorneys. The... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for Alabama on
Q: Cps is involved but if I sign my parental rights over to a family member does that mean CPS has to close that case

If the parent signs right over to family member how long before that family sigh rights back

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

It is advised that you contact a lawyer regarding this particular matter. If there is a current pending case, you as the parent can request that an attorney be appointed to you to maintain your constitutional right to parent your child. Courts only terminate parental rights in extreme situations.... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: if you agree on not having a custody agreement is it mandatory in divorce ?

Me and my wife are getting a divorce but we will handle everything with our son on our own , is it mandatory to have it in the divorce decree ?

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

If you each have an attorney, you would need to discuss this with the attorneys.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: should a person have an attorney present for visitation rights?

can a persons mental status (schizophrenia) play a major role in what a judge decides?

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Mental status could impact a custody situation if the person with the mental health issue has custody of the child and his or her mental health condition is negatively affecting their ability to care for the child. Because your health status is protected by federal privacy laws, it is recommended... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can a man not on the child's birth certificate say he is the father because he has baby sat them after they were born?

My husband's is on our daughter's birth certificate. We were married before she was born. An "alleged" father has baby sat our daughter and now assumes he is the father. He has sent me a legal civil summons. I do not understand how he has any legal claim.

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Interesting situation. Without reviewing the pleadings or what you were served with, it would be difficult to answer your question. If you and your husband were married when the child was born, your husband is presumed to be the legal father. The man babysitting the child may be asserting other... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... Read more »

Philip D. Cave
Philip D. Cave answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My mom has my kids I pay child support and she won't let me see them what do I need to do
Bettie Carmack
Bettie Carmack answered on Feb 21, 2022

It would depend upon the reason she is not letting you see the kids and what the original order states regarding custody of the kids. You would likely have to file a petition to modify in the Court of original jurisdiction (Family/Domestic Relations or Juvenile Court). Child support is not... Read more »

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My son filed for visitation to see his daughter, we received a letter saying notice of no service (returned not found)

what does returned not found mean? he went and gave another address (the school the mother attends). what can be done if she's not served this go round? she live at the address that was given....I'm so confused

Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

If your son is attempting to get visitation with his daughter, he would have to make sure that the person who has legal custody of the child is properly served. Your son can hire a private process server who charges money to serve people who are difficult to serve. Certified mail is an option,... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: I have NO access to any money. My husband works fulltime and now wants a divorce how would I go about getting legal help

My husband and I have been married ten years and together 13. He is now wanting A divorce. We have A new 10 month old son and A 14 year old son( not his biological but he has been his dad since he was 2) I am A homemaker and he works fulltime. I have NO access to any of our money and I don't... Read more »

Bettie Carmack
Bettie Carmack answered on Feb 18, 2022

You can contact the state bar at alabar.org to get the name of pro bono lawyers who may help you for free or you can go to the bank to make sure you are not an authorized individuals on your husband's account. If your husband files the divorce you can counterclaim for divorce and ask for... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: I'm a maternal Grandmother and had custody of two of my Grandsons since birth. They said I was neglecting and endangerin

The boys and I were a quarter mile away from home in a parked vehicle. I was told I was neglecting and endangering thier lives. I've had no contact in over a year. Thier mom will not complete the program to get them back. How can I get them home?

Bettie Carmack
Bettie Carmack answered on Feb 18, 2022

Was there a court order awarding you custody of your grandsons? If so, was that order modified when there were allegations of neglect. What was the outcome of the allegations of neglect and endangerment? You would need to contact an attorney to advise you on your chances of getting custody of... Read more »

1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Alabama on
Q: If The Parent Has The Child…Can The Parent File The Child On There Taxes

Because The Mother Think Just Because She’s The Mother she Can Do That

Bettie Carmack
Bettie Carmack answered on Feb 17, 2022

My best recommendation is to contact a tax professional or an accountant. Before doing that, you may want to review any custody orders to determine who can "claim" the child on taxes. If the matter is not addressed in the order, generally the custodial parent can claim the child on... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »

Kristine Jones
Kristine Jones answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: I just found out that my childs mother was arrested in Alabama for chemical endangerment of a child × 4.

My son is 6 years old and his mother and I weren't married but I am on his birth certificate as his father. She moved him to Alabama and ceased all contact with me almost a year ago. I just found out my son was taken by the state of Alabama and put into foster care when she was arrested. I was... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Dec 24, 2021

Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does... Read more »

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