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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being

divorced I am no longer scared of him. Is it too late to report?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

If you are divorced, you are too late. You should have raised those issues at trial.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: can we adopt my grandson without mom’s consent.

She voluntarily gave her rights to us almost 2 years ago. Father is deceased. Before this we had temporary custody for a year. Now she wants to be mom. She is allowed to see him 4 hours a week. She never makes the effort to come. We have to take him. Now she’s threatening us for her rights back.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child

1 Answer | Asked in Child Support for Alabama on
Q: My husband is paying child support for his 25 year old child. The actual support owed is $5000 however the interest is

over $16,000. Can the child support or interest be dropped?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

Child support is a final judgment. A judge can't just waive the interest. see State ex rel. W.M.E. v. G.C.

Supreme Court of Alabama. March 18, 2011 73 So.3d 593

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: My ex-wife just moved and will not give me the address, she will only provide a PO box... is that legal?

we share custody, although i am active duty AF and dont live in the state anymore (Alabama), she is only providing a PO box.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

If you have children together she must provide a physical address where the children live pursuant to the Alabama Child Relocation Act

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Inspection contigency of home buying contract

I'm under contract for a house and after inspection we recieved an estimate for some minor structural issues, and the seller is refusing to give credit for those and giving us 2 options:

1-let him fix the issues

2-reject option 1 and hes holding the earnest money.

Are... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 2, 2018

Because I don't know what your contract for sale says, there is no way I can answer your question. The contract should set out that if the inspection reveals issues that should be repaired that you can get out of the deal and get your earnest money. But.... I don't know what the contract... View More

1 Answer | Asked in Family Law for Alabama on
Q: In the state of alabama can a 10 year old child watch a 4 year old and a 2 year old by themselves for 8-9 hours?

No it is not me. It is my husband's ex-wife. The 10 year old in question is his daughter with her. We are concerned for the 10 year old as well as the other two young children. He wants to report it but is fearful she will stop the kids from seeing him until there modification in court is... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 2, 2018

There is no statute on this, but it sure violates the law of common sense. The Department of Human Resources would not smile on such. If you are doing it, stop. If the children are the subject of a custodial order, you should go to court. If you know something about this you should consider... View More

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: Can the courts order my wife to let my children call me every 2 days or so? Can she take them out of state before trial?

I was the stay-at-home father for the past three years due to illness and disability that allows me to not work very much therefore I do not have a steady place for my children to come and stay with me. My wife did not have anybody to watch the children and I needed a place to stay so she was... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 2, 2018

Call your local bar association and ask where you can find a pro bono attorney.

1 Answer | Asked in Child Support for Alabama on
Q: Follow up question if his employer is liable for child support they aren't collecting... what do I need to do about that
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 1, 2018

Petition the court to have the employer come to Court and explain to the judge why the employer is not obeying the Court order.

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: What happens when an income with holding order is not being followed? He is telling employer when to pay and when not to
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 1, 2018

The employer is liable to the Court for payment of the money.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: my daughter was born out of wedlock. however, her mother and I were married and are currently going through a divorce

the mother iskeeping the child away from me, do I have rights to get my daughter although she was born before the marriage?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 1, 2018

If the child, of whom you are the biological father, was born to a woman whom you later married, you have the same right to that child as you would have if the child had been born during the marriage. The marriage legitimates the child.

1 Answer | Asked in Child Support for Alabama on
Q: My husband request a modification hearing but never received notice of the hearing and missed the court date.

He has actual prove that he was not notified by the court of the hearing. He was held in contempt of court and ordered to pay a 15,000 purge. He is now being held in jail on a 15,000 purge that he can't afford to pay. What steps can he take to be released from jail?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 31, 2018

You are going to have to go to the court that ordered that he be held and attempt to convince that judge to let him out of jail.

1 Answer | Asked in Child Support for Alabama on
Q: My husband was paying child support and just found out the child has not been living with her,what can we do?

Child has been living with grandma for years and grandma states she has been taking care of child and has not recieved any monies from the mom.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 30, 2018

He can go to court and ask that he be granted custody of the child.

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My husband and I were ordered to go to co parenting classes. A specific counselor was named. Can I change counselors?

This is the Shelby County Court system. The counselor was named in the divorce decree. I would like to request a different counselor(faith based), but I don't know if this is allowed. We are also required to go together, but this is not working well at all. Do you think we could get it... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 30, 2018

You can attempt to change the counselor if you are within 30 days of the Court order. Are you sure this is a final order? If not, you can move the Court to give you another counselor, but don't county on it.

1 Answer | Asked in Family Law for Alabama on
Q: Can my sister get custody of my child because I keep going back to a man who physical abused me?

I stay with my sister form time to time when I leave my abusive boyfriend and my little 10 year old girl lived with my sister but I am the one who placed my daughter in her care no legal forms. I talk to my daughter she spends the night with me weeks at a time I provid food, I go see her as much as... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 29, 2018

If you can't stop going back to an abusive "boyfriend" the state of Alabama may well decide that you lack the capacity to protect your child. You better choose, and right now, who is more important to you. You are at risk to lose custody of the youngest child.

1 Answer | Asked in Family Law for Alabama on
Q: Can 11 year old refuse visitation with a non custodial parent who abandoned them and has had no contact for 5 years.

The child is in the custody of the paternal grandmother due to the incarceration of the custodial parent. The child has no desire to visit with her mother due to being only 6 when the mother left. She has no good memories of her mother who abandoned her. The parent who abandoned the child has just... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 28, 2018

This is a matter for the Court to decide.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What are the laws for my child’s father moving his girlfriend of two months into his home during custody battle?

My child’s father is moving his girlfriend of two months into his home. I am not comfortable with her staying there while my child is there. How will this affect the Alabama custody case?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 28, 2018

If you and the child's father were married, you have a good chance and making the girlfriend move out. If not, then what he is doing is no worse that what you were doing when you were with him.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My fiancé’s ex has been harassing him. He has emergency custody of kids. Is there a way to get her to stop?

He gained emergency custody last August. And she has been in jail since February or March I believe. Just recently got out for drug paraphernalia. She has been texting and calling him nonstop while he is working and I was wondering if there was a way through the court system that we could get that... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 27, 2018

You should start by having the father take care of his own legal business. He can ask for relief from the Court on this. As a matter of fact it may well be part of the emergency order.

1 Answer | Asked in Estate Planning for Alabama on
Q: My son's father isn't on the birth certificate. Im having my will drawn up. Can my son be left to my sister in my will.

Im trying to prevent my son from being a ward of the state. So im drawing up a will. His father doesnt want him and he isnt on the birth certificate. If i say in my will he goes to "my sister" . Will it be honored.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 27, 2018

You can't "leave" a child to someone. You can express a preference on who would have custody of the child in the event of your death. The person who would have a priority over the person you choose would be the father of the child. The only way you can prevent that is to terminate... View More

1 Answer | Asked in Child Support for Alabama on
Q: Alabama child support. After divorce.

We divorced mutually, I just wanted to get out of the marriage quickly and didnt have the funds for an attorney at the time. We agreed everything would be mutual and if I didnt make him pay for child support he would pay for the divorce. The papers just state that hes responsible for them when he... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 26, 2018

If child support is not ordered in a divorce, something must justify the lack of support. If you show that you were to have the children half the time and him half the time... and now you have them most of the time and he has them very little of the time, you can go back to Court and ask that the... View More

1 Answer | Asked in Child Custody for Alabama on
Q: Family member has temporary custody of my husband child. We want to move to Georgia. Child is in Alabama.

He has done everything to get her back but we have to give it time so we don't file to soon. Our question is, if we move to Georgia will he be granted custody back if we refile in the future?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 26, 2018

THat is so fact dependent that there is no way I can answer without knowing the facts.

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