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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Custody for Alabama on
Q: When I went to divorce court concerning custody of my son, I wasn't aware of his father's violent past.

He has a violent history and I think he has no business having any part of our son's life. He has three different PFAs against him by three different women, he has 6 different Violation of Domestic Injunction charges, and 4 Domestic Battery charges. Is there anything I can do about this? Do I have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

It would be difficult. You don't say how long ago you went to Court. You also don't say what you did to learn of his past. If you could have learned about this stuff (if only you'd looked) you can't go back to Court and say I didn't know. It is critical to know how long ago this was. If he... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Periodic Alimony Payments (Alabama)

My divorce states that my ex is to pay me $600/month for 12 months after the date the agreement is signed. But I am now pregnant, not by him of course. Can my pregnancy cause for the alimony to be stopped or does he still have to pay. No special wording on divorce agreement paperwork just that he... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

I think at worst your agreement is unclear and subject to two meanings. Alimony that is set out with a definite time limit is usually specifically called "alimony in gross" in the agreement. To call the alimony "periodic alimony" which is ended by co-habitation (but not by simple conception of a... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?... Read more »

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm from Alabama. My daughter is 12 and her mother has primary custody. What age can she legally decide to live with me?

She has requested to live with me instead. She feels uncomfortable with mom's new boyfriend and they just got engaged.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

19

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: What do I need to do if my sixteen year old has a warrant
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

To state the obvious, you need to call an attorney. A lawyer can often get a warrant withdrawn and allow the defendant to appear and post a bond. Get a lawyer who does juvenile dependency in Mobile County, or criminal defense. We do both and you can contact us if you like.

1 Answer | Asked in Child Custody for Alabama on
Q: In Alabama, at age 16 can a child leave home to live with other relatives when I have custody?

The child will be turning 16 in June. She is my granddaughter from my deceased son. Her mother is deceased as well, Feb. 5, 2014 and my son Nov.21, same year. The relatives on her mothers side is putting ideas in her head that she does not have to live with me when she turns 16. The child feels... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

In a word, no. You have custody until she is 19 years old. If they keep the child from you they are committing custodial interference. Tell them send the child back to you.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I live in Ala. w/ my 4 yr. old son.The biological father lives in TN.Where do i file for acknowledgement of paternity?

Father has never helped or tried to meet son.His name isnt on birth certificate.I gave birth in TN but have been living in Ala. Trying to figure out how to get paternity testing or acknowledgment of paternity form and in which state should i file?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

Alabama, the home state of the child. I would say you should consider terminating any right that he has. Get rid of this guy once and for all.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex threatens me to go back to court for custody of our son, but acts like he doesn't want him. What can I do?

He was ordered to pay child support back in October, but has only paid one month so far. He keeps giving the court the wrong names of his employers on purpose to avoid payroll withholding. He only makes token attempts to talk to our son for only two minutes at a time every night. He calls at the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

You can go back to Court and ask for your support. If he is a danger to the child, you must show that to the Court.

1 Answer | Asked in Contracts for Alabama on
Q: Is there at statue of limitations on statute 13a-8-142 in alabama
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 27, 2020

This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.

1 Answer | Asked in Divorce for Alabama on
Q: Divorce finalized as of 01/06/2020..Per divorce agreement he agreed to pay me $300 for 6 months starting Feb 2020

It's for support for me, not child support. I became pregnant after divorce by current boyfriend. He doesn't know that I'm pregnant yet but was late with the 1st payment for Feb and hasn't paid anything for March yet. Can he ask to stop paying support due to my pregnancy when he finds out, although... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2020

The question will turn on the language in the order or agreement. This sounds like alimony in gross in the nature of a property settlement which is not effected by your cohabitation or remarriage. Read the order carefully. It does not matter who he is shacked up with. If -- on the other hand -- it... Read more »

2 Answers | Asked in Divorce for Alabama on
Q: Can my granddaughter get taken From my daughter because they are living in a hotel till she can get another place
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 23, 2020

Possibly. Is she staying at the Walforf Astoria, or a drug ridden flophouse where the roaches march around the room calling cadence? The state expects that the child have a fit and proper place to live. Who is in the hotel room with her? Her boyfriend and three others? They (DHR) will come look... Read more »

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1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am the seller in a contract for deed, am I required to fill out a Verification of Mortgage?

I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read that... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 14, 2020

Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the existing mortgage... Read more »

2 Answers | Asked in Child Support for Alabama on
Q: Does non custodial parent still pay child support while child is in college. The DHR is saying no.
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 13, 2020

First. How old is the child. If the child is more than 19 years old -- and there is not an agreement in place that says you will pay for college OR if the order was rendered before a case called In Re Christopher came out -- you don't pay. Provide a few details and one of us can answer you more... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I sign my rights over voluntarily
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 9, 2020

A petition to terminate your parental rights must be filed in the juvenile court. You would then file a consent. Be aware that such a termination does not make your back child support go away. Also, if the court believes that you just want to sign these rights away so you can avoid supporting the... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: How can I take someone off my daughters birth certificate if I haven't seen or known his residence since October 2019?

And my daughter is about to turn 2. I want to get her name changed.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 5, 2020

You will have to terminate his parental rights in the juvenile court.

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1 Answer | Asked in Child Custody for Alabama on
Q: Me & my husband are still married & have no custody agreement can I leave the state AL??
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

You can go anywhere you want to........ until he files for a divorce and demands you come back.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Can you adopt your stepchildren if the non-custodial parent has been on the run with the law for 2 years?

My husband has sole custody of his children and she has supervised visits through the county. She has not exercised her rights to see the kids since she lost custody. (Dhr took her to court) She has not seen her children in 1 year and 6 months. She violated her probation a year ago and left the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

I'd have to know more facts to be able to express an opinion. However, you probably are ripe for a termination of parental rights petition. Call a lawyer in your area and do it now, before she re-establishes contact with the children.

1 Answer | Asked in Family Law for Alabama on
Q: We reside in Alabama. My 18 year old, a high school student has ran away from home. Can I make her come back home?

She wants to stay at her boyfriend's house. He still resides with his parents.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

The age of majority is 19, however, to file something in the juvenile court to make her come back (a "CHINS" petition-- child in need of supervision) may only be done before the child's 18th birthday. If you need to discuss further, let us hear from you.

1 Answer | Asked in Family Law for Alabama on
Q: Relinquish non custodial parent right's who does not provide care nor financial support for our child.

My child is 7 years old and her father does not provide any financial support. If pressed too hard for help will disappear for months to years on end. Will not voluntary give up rights and is not named on birth certificate. Never established paternity he has never held a job down for more than 6... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2019

He does not have any rights. However you can terminate what ever potential rights he may have if you are confident he is the biological father. This is called a Termination of Parental rights.

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