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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Divorce for Alabama on
Q: No children, no property together; not married a year, but my spouse will not agree to uncontested divorce. Solution?

Is there a better solution than going to court and spending a lot more money than necessary? My lawyer has filed for divorce and advised her to seek legal counsel.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 3, 2018

Have your lawyer file for divorce.

1 Answer | Asked in Child Custody for Alabama on
Q: Who has sole custody of our child if we never married and dad doesnt come around but is on birth certificate?

I have a 2 year old son his father is on the birth certificate we never married and father hasn't came around in 2 years do I have sole legal custody or do we have joint custody?

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

You have sole custody until you go to court.

1 Answer | Asked in Child Support for Alabama on
Q: This is in response to your questions about 18 year old. She is not emancipated, moved to her older sisters house in Ala

She does not fall into exceptions she is not living @ school, did not go into military, not age of majority, not living independently

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

In that case, you can go to the Court and get an order that will direct the support to whoever is supporting her, and not to the mother.

1 Answer | Asked in Child Support for Alabama on
Q: My ex-wife had my 18 year old daughter move out . My child support covers the Insurance. Isn't my ex wife required .

Isn't ex wife supposed to provide support in the form of rent food and clothing since she had her move out according to child support rules both parents have to provide support till the 19th birthday

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

Is your daughter emancipated? To where did she move? If you want to change support you are going to have to go back to Court. It might be cheaper just to let her age out. Also, are there other children? If so you have to go back to court to adjust the support when the child turns 19.

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My ex-wife is no longer communicating with me and her husband is forcing me to discuss things with him. Is this legal?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 1, 2018

How does he force you to discuss things with him? If you need to communicate with her, do so. Don't harass her, but communicate. The ex husband can't "force" you to do anything.

1 Answer | Asked in Child Support for Alabama on
Q: can i get awarded all the past medical bills and unpaid support if i file for the first time when my kid is 17.

my daughter turns 18 in august of this year (2018) i think i’m going to file for support for the first time since she was born. i took her when she was 2 and told him i didn’t want his money because i didn’t want him to have any rights to her. can i get awarded “retroactive” child... View More

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

You can get support that goes back two years. You can get support calculated under Rule 32. Support stops at age 19.

1 Answer | Asked in Child Custody for Alabama on
Q: After 7 months child wasn’t mines and was wandering what do I need to do to have my name removed birth certificate

The child is a year old mother is aware I’m not the father and knows who the father is but neither have taken matters into their own hands of removing my name from birth certificate

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

You must go to court in a Paternity action and ask for a DNA test that will show you are not the father. You would then be excluded from paternity

1 Answer | Asked in Contracts for Alabama on
Q: Is failure to honor a notarized separation agreement a breach of contract in Alabama?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 29, 2018

Contracts for separation in ALabama, either a divorce or a separation "mensa et thoro" are within the subject matter jurisdiction of the Circuit Court in a divorce action of a legal separation. If your "contract" which I assume is something you drafted yourself, is enforceable... View More

1 Answer | Asked in Child Support for Alabama on
Q: My husbands child support is due on the 29th of every month..i normally pay it a week ahead of time but neither of us

Has had a check until tomorrow which is the 29th we he'll get in trouble .Hes never been late on it

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

The law does not concern itself with trifles. A day late is not a cause for concern for you either.

1 Answer | Asked in Family Law and Civil Litigation for Alabama on
Q: I'm trying to find 2 sets of court documents that I know exist: 1 civil case and 1divorce and I am unable to find in AL

one civil court case as defendant with a loss and one divorce case with children

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

What is your question?

1 Answer | Asked in Child Support for Alabama on
Q: my son is 16, dropped out of school, working under table. my daughter is 18, graduated high school,do I stop pay at 19?

my daughter say she goin to collage in the fall. her 19th birthday in octorber. both still live with mom. can I stop pay when she 19 and file petition with court to stop pay at that time?

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

YOu have to go to court to stop her child support and and have his recalculated. You have to pay the 16 year old until he is 19 or emancipated.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: My ex girlfriend will not let me see my son we have had a DNA test and i pay child support but she is using him to hurt
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 26, 2018

You have to go to Court and get custody and visitation established. GO to Court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Do I have to file for custody of my 3 if my ex and I was never married and he is on their birth certificates?

I'm the mother out of wedlock do I have to fight for custody or do I have it until I'm taking to Court by the father of my kids ?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 25, 2018

You don't have custody at this point. Being on the birth certificate merely means you are presumed to to be the father.

You don't have custody. You have to make a filing in court to get that

1 Answer | Asked in Child Custody for Alabama on
Q: My husband has split custody of his daughter. Ex is always going against court agreement. What can we do?

Naveah is 5, her mother gets her Saturdays at 6 until the following Saturday at 6. She never brings her home on time, and when she does come home she is always sun burned, covered in bug bites and sores(on areas that should be covered by clothes), has scratches and bruises and is never bathed. If... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 24, 2018

Simple. You take him back to Court. That is the only way you can do this.

1 Answer | Asked in Child Custody for Alabama on
Q: Ex girlfriend only allows me to see child when she feels like it. Have been paying non court appointed support. Visitati

What's the first step to getting visiting rights??? She's used child as power to hurt y withholding her and only letting me see the child when she let's me and she has to be there!!

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 23, 2018

DO you have court ordered parenting time? Probably not. Make a filing in the same court that ordered you to pay child support and get court ordered parenting time.

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Can my husband tell me I can't see my son bc of what his lawyer told him supposedly?

We are separated. Not divorced yet. Cannot spend alone time with my 15yr old without his father being there. I was told from the lawyer i went to see that I have the same rights as he does to spend one on one time with my son. So, can another lawyer tell my ex that he can do that?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

No.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

My mother left me her personal belongings including the contents of her house and had the foresight to include a photographic inventory in her own hand. The house went to her husband in a right of survivorship but he died shortly thereafter and his heir is making things difficult. The heir made an... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: If you take your child's father off of Child Support will you be able to put him back on ? (Alabama)
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

It is not up to you to "put on" or 'take off" child support. THe COurt orders that parents of children pay support. You don't make that decision. You can't use it as a bargaining chip.

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 16 year old date and have a child with a 26 year old that is single and has two kids in the state of Alabama

The 16 year old is on probation and lives with grandparents attends school and loves his relationship and kids and is working a job

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

First of all, "date" means go to the local burger joint together. It does not mean have sex with. THe 26 year old may well be contributing to the delinquency of a minor. She will probably not be liable on sexual abuse charges because his is 16 years old. The 16-year old, naturally, is... View More

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