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Questions Answered by Richard Carl Perry Jr.
1 Answer | Asked in Family Law for Alabama on
Q: If someone has a restraining order against them are they in violation if the person signing it contacts them?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Definitely. The terms of a restraining order are that they cannot contact you -- directly or indirectly -- which means they cannot even ask a friend to give you a message for them. No contact means no contact in any form.

1 Answer | Asked in Family Law for Alabama on
Q: I am recently divorced from my wife. visitation is in place for my daughter but she isnt letting me see her.

I have talked to the local ans county police and they cant and wont enforce the order set by the judge because it does not have specific dates on when i can see my daughter. i know i can get her for contempt of court but i dont have an attorney and come from a low income so how can i go about... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You will definitely require legal representation. You will have to file a Petition for Rule NISI against your ex-wife. In doing so, you could ask the court to hold her in contempt and either enforce the agreement or to modify custody. There are a lot of procedures involved that if you do not... View More

1 Answer | Asked in Family Law for Alabama on
Q: My fiance and i have lived together for 5 years can he have me removed from the residence?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You could always file a temporary restraining order against him and indicate that you want him removed from your residence. When the police come to serve the order, they will escort him out of your house and he will have to stay away and not contact you as long as the TRO remains in effect.

1 Answer | Asked in Family Law for Alabama on
Q: What constitutes and how can it be proven that a person is able to pay under 13A-013-004 family law after losing job?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Are you referring to him paying child support? In Alabama, if you lose your job voluntarily, then you are still obligated to pay the original amount of the child support ordered. If you lose your job voluntarily, you can file a petition to modify support but it would still be based on a minimum... View More

1 Answer | Asked in Family Law for Alabama on
Q: I am getting married to someone who has a foreclosure. He wants me to do a pre-nup so they can't touch me.Will that work
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You do not sign a pre-nup to avoid a debt. If your name is not on the debt, you do not have anything to worry about -- especially if it was acquired prior to the marriage.

1 Answer | Asked in Family Law for Alabama on
Q: Can you "decode" this for me? "It is the duty of P to perfect service on D. Please return in 60 days for court to check

On service

This is what they sent me after filing for visitation of my daughter in DR court. Her father established custody in Juvenile court when I agreed and we had a visitation agreement. He isn't allowing that to take place...NO CONTACT whatsoever. I filed for contempt in Juvenile... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

It is the duty of the Plaintiff to perfect service on the Defendant. If you are the plaintiff in the case, you need to be sure to have the defendant -- the father -- served. Once the defendant is served, you would have to let the court know he is served which is done by the process server... View More

1 Answer | Asked in Family Law for Alabama on
Q: Does grandparents have any rights to grandchildren if daddy gave full custody to the mother?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Grandparents use to have rights in Alabama. However, there was a case that was decided in the latter part of 2012 that changed that. Now, it has to be in the best interest of the child before the grandparent has rights. In other words, if mom is not a suitable placement for the child, then the... View More

1 Answer | Asked in Family Law for Alabama on
Q: In Alabama: If a man and woman are living together for 90 days, if the relationship do not work out. Is it hard to have

That person to leave your home if her name is not on mortage papers?

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You could always file a restraining order with the court and indicate on the restraining order that you want her to be put out of your house. Once the restraining order is served, the police would have her leave the home.

1 Answer | Asked in Family Law for Alabama on
Q: My husband has filed papers for affidavit of substantial hardship and order. What does that mean?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

He is asking the Court to either give him assistance with regards to filing fees and/or for legal representation. In order for him to be grated the assistance, he must demonstrate that he lacks the funds and/or assets in order to be able to pay for legal services.

1 Answer | Asked in Family Law for Alabama on
Q: Can a 13 year-old choose to live with a grandparent in Alabama?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

The child just cannot make the choice. There would have to be a petition filed to give the grandparent either a guardianship or custody. Of course, there are several factors to be considered. Feel free to contact me to discuss your case. I would be happy to help.

1 Answer | Asked in Family Law for Alabama on
Q: Can our 17 1/2 year old daughter refuse visitation with her Dad?

We have been divorced 3 years. I have tried to encourage this relationship, talk her into spending time with her Dad. Over the last year, problems have escalated. He constantly belittles and undermines me to our daughter. He's constantly putting her in the middle. Does she have to go?

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

If the order says she has to, then legally, she has to go. If not and he decides he wants to file a petition to have you held in contempt, that is his right. You should contact an attorney to file a petition to modify visitation. Feel free to give me a call. I would be happy to help you with... View More

1 Answer | Asked in Family Law for Alabama on
Q: What are the legal rights of a father, unaware of paternity of a child, that was adopted by a maternal grandparent
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Were you married to the mother at the time the child was born? If so, you have legal rights to the child. If not, you would have to establish your paternity in order to have parental rights. Before the maternal grandparent could adopt the child, the State should have given you notice if you were... View More

1 Answer | Asked in Family Law for Alabama on
Q: Does Alabama have a "Grandparents rights" law?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Prior to a case that was decided in the latter part of 2012, grandparents did have rights in Alabama. After the 2012 case, there now has to be a showing that it is in the best interest of the child for the grandparent to have rights. Feel free to give me a call to discuss your case. I would be... View More

1 Answer | Asked in Family Law for Alabama on
Q: If you have a restraining order on someone and they call your house and send you fake letters from an attorney office is

Is that consideted harassment and what can you do?

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

If you have a restraining order against someone and they continue trying to contact you, they are in violation of the restraining order and could be put in jail. This would be considered harassment. Feel free to give me a call to discuss your case.

1 Answer | Asked in Family Law for Alabama on
Q: My spouse forged my name to his Thrift Saving Plan Loan and did not include the borrowed amount in discovery, what do?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Has there already been a final order given by the Court? If so, there are options you have to get the final order dismissed. Feel free to give me a call to discuss your options. I would be happy to talk to you.

1 Answer | Asked in Family Law for Alabama on
Q: Can I leave the state of Alabama and relocate without the fathers consent. If not what procedures is needed to do so
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

This will depend on a couple of things. First, were you married to him at the time the child was born? If not, did you ever go to court to establish paternity? If your answer to both of these questions is no, then you can move because his rights have not been established. If, however, you were... View More

1 Answer | Asked in Family Law for Alabama on
Q: Would a minor child involved in a sex abuse crime be placed on the stand to testify in front of the court room
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

It is possible depending on the age of the child. However, a lot of times, the Court does not like to put a child on the stand in these types of cases.

1 Answer | Asked in Family Law for Alabama on
Q: My lawyer failed to inform me of a hearing prior to the date I was already prepared for(My x

Assaulted me approx. a year ago therefore did not attempt to pick up kids I believe because of fear but sued me claiming I did not allow visitation and won) causing me to be in contempt, then forced me to agree that I withheld kids. Can I fix this mess with another lawyer? I did NOT withhold kids... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You do have some options in that you may be able to file post judgment motions but you must act immediately or the court will lose jurisdiction over the case. If this happens, the only way you could fix the problem is to reopen the case by filing a new petition. Give me a call to discuss your... View More

1 Answer | Asked in Family Law for Alabama on
Q: I need to file in court a petition to withdrawal money from my daughters account.
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

I would need more information to answer your question. Are you asking how you would file a petition to withdraw money from your daughter's account? How old is your daughter? Why do you need the money? Feel free to give me a call to discuss your case.

1 Answer | Asked in Family Law for Alabama on
Q: What type of lawyer represents a civil court matter of child abuse and molestation after siblings are grown?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

It sounds like you would want to go and talk to the DA in your county if you are wanting to press criminal charges. If you are defending, you will need to employ the services of a criminal defense attorney. If you sue for any type of monetary damages, then you would want to find an attorney to... View More

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