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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I LIVE IN AL, MY WIFE PASSED IN AUGUST2023 THERE WAS NO WILL AM I RESPONSIBLE FOR MY WIFE'S PERSONAL DEBT.

MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 4, 2024

NO

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... View More

1 Answer | Asked in Divorce for Alabama on
Q: I got a divorce and on my divorce Decree do it have to say restored marriage name Christopher case my last name worng

I got a divorce and the lawyer put my worng last name do he have to fix my divorce Decree put it say restored back to her marriage name case the lawyer said it do not matter won't on the divorce decree my last name still my marriage last name christopher he got my worng last name do my divorce... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 9, 2023

Simple. File a motion Nunc Pro Truc (This for That) to correct the name

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school.

My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school. She was getting ready for work and asked her 8yr old to fill her water bottle from the water purifier in the fridge. She had a bottle of clear alchol in the refrigerator and the child... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 30, 2023

I think she should sit tight. If her facts are as she states, and she can convince a judge of that, she won't have a problem. What was the "clear alcohol?" If it was gin, it makes sense.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What can I do if I am pro se and the opposing party has an attorney but has not responded to by Consolidated discovery?

Personally dropped off my answers/responses to their consolidated discovery along with my request. They are trying to hold me in contempt for visitation but will not show me any evidence they have.

I am aware they received everything because of comments made from other side but still have... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 3, 2022

If you properly filed the discovery, and also filed the notice of discovery with the Court, then you should write them a letter and ask that they answer. If they don't respond within 10 days -- and you have both provided discovery and filed a notice of discovery -- you should file a motion to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Can they keep my kids away from me

I left my boyfriend 4 months ago cause of domestic reason. We have 3 kids together. We were living in Jackson Al when this happened. He left and went to fort Payne Alabama with the kids . He hasn't let me get them or see them since and I've tried.. well now he's locked up in Cherokee... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 10, 2022

You have a hot mess here. You have to get into Court on this and file an action to establish paternity and custody. He is violent and you have been to jail for drug use. Find a lawyer you practices in your County and get this before a judge... the sooner the better.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Where to file adoption paperwork

I relocated w children. I had court & other parents permission. It’s now been 3 years and my husband wants to adopt the children we would file in the state where we currently live correct since the child visitation case in Florida has been closed since we moved…

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 9, 2022

YOu file the step parent adoption with the probate court in the county in which you live.

1 Answer | Asked in Domestic Violence for Alabama on
Q: I was a victim of domestic violence. Went to court and told them I didn't want to persue it in fear of retaliation.

The defendant received another court date and is convinced I filed them but the state is the plaintiff. He thought it was dropped. Why is there another court date? And am I involved?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 27, 2021

I am assuming that this is an Alabama Court. If not, you should ask a Tenn. lawyer.

The state is who brings the charge against the person who abused you. You are the complaining witness. You should get some counseling and stick to your guns and see this through.

1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to half of what I paid on the mortgage even if my name was not on the house? I have all receipts.
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 28, 2021

I see the question is asked under "Divorce" so I will assume that you are married to the person who owns the house. If the house was acquired during the marriage, or used for the common benefit of you and the other person during the marriage, then the house is subject to being divided in... View More

1 Answer | Asked in Divorce for Alabama on
Q: Does the state of Alabama require that divorce papers are completed by a licensed attorney?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 13, 2021

A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2021

Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.

1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 3, 2021

Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.

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

You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My son got a girl pregnant. The girls mother is a narcissist nutcase.

Her and her mother threaten my son with not being able to see his baby if he doesn't jump to her every demand. They are 18 and 19. It will be a bigger issue once the baby gets here. Were do I start legally helping him establishing his rights

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 12, 2020

The first thing your son has to do is learn what his rights are. If he wants a right to the child he is going to have to go to court. He should sign the birth certificate. If they attempt to stop him, he should register with the Putatative Father's Registery (Ala. Code 26-10C-1). After the... View More

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My daughter was born in Florida her mom moved to Alabama, I pay her atleast 300 monthly she won't allow me to see her
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 17, 2020

The first question in cases like this is "what court will hear your request for visitation." You don't say if there is a court order establishing paternity and ordering child support. That is important. If the child is an Alabama resident, Alabama may be the right court. Or, if the... View More

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2 Answers | Asked in Child Custody for Alabama on
Q: My son stay with me 5 nights a week I also pay half for everything he needs plus I support him more then his mom

She's be making threats if I don't pay her gas bill at her place of Resident she said that she would put me on child support and I have proof of the threat I also have proof that my son is in my custody 5 days and 5 nights a week...what should I do

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 18, 2020

You should go to court and ask for custody of the child and have her pay support to you if you have the child 5 our of seven days.

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1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Girl is married while having baby and husband is signing the birth certificate. Am I responsible in Alabama?

Girl got pregnant, and started dating her husband 1.5 months into pregnancy. They got married and he is signing the birth certificate and wants to adopt the child. What needs to be done and would I have any financial responsibility if he signs the birth certificate and I wouldn't see the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 7, 2020

The legal father of the child is the man to whom the mother was married. If he never denies the child, and accepts the child as his, you cannot be held responsible for the child and you also cannot assert any right to the child. See Ex Parte Presse.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

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

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 2, 2020

You should go look at the probation order that you received from the Court. You signed it. If it requires you to do things -- then you do it. Continue with the program. The order is often a yellow page out of a form. In any event, that will tell you what you have to do. You just have to do what it... View More

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