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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If my child’s father split upon finding out I was pregnant. When/if I file for child support does this give him right t?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 21, 2018

I don't understand your question. A filing for child support through DHR does not give him any rights to visitation. He has to file for that.

1 Answer | Asked in Domestic Violence for Alabama on
Q: Can someone please help!! I was arrested for Domestic Violence 3rd degree. Is there any way I can have this removed?

I got into an altercation with my ex at his home. I made the 911 call to police. When the arrived they did not question me other than asking me if I had been drinking. After speaking to my ex ( I overheard him say we hadn't spoken in 6 months which is a lie) they told me to turn around and... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 21, 2018

Ask for an appointed lawyer in the criminal matter. Defend the criminal case. GO to the court where the charges are filed and file an affidavit of hardship and ask them to appoint a lawyer to you.

1 Answer | Asked in Family Law for Alabama on
Q: Can father refuse to give kids back after 3 day visiting in Alabama

My daughter has been the full time parent in this equation. He’s never paid child support. He’s never had the kids at all until 2 months ago when he started keeping them m-w so daughter can work doubles. Now they are there and he’s refusing to give them back. There’s no custody nor... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 21, 2018

You have to go to court. You have to hire an attorney, or get free help from legal aid in the County in which this is happening. You will have to file an action in the COunty where the children have been living.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt

Do I have to terminate the rights of both parents to adopt or can I terminate one. How long should I wait? Its already been two years.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 20, 2018

You don't have to terminate to adopt, but it is often the best way to go. You can show in the Probate Court that the parents have abandoned the child. Two years is plenty. DOn't wait any longer. Either file a petition to adopt without the consent of the parents, or file a Petition in... View More

1 Answer | Asked in Probate for Alabama on
Q: My brother was named executor of my fathers will. It states that I am executrix if something happens to my brother.

My father left some land to me and my brother but we never divided it after my fathers will was probated. My brother did not have a will when he passed away and his daughter got his part of the land. I want to get the land divided now to get my part and a title. Do my niece and I have to agree on... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 20, 2018

Was the estate closed? In that case there should have been an executor's deed deeding the land to you and to your brother. His children may have inherited his portion. At worst you can do this with a "Sale For Division" if you can't agree. The property should have been divided... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: My father has Alzheimer’s and is in a memory care unit. My sister is his guardian re medical. A lawyer conservator

handles finances and estate. Recently I became aware conservator had neglected to pay estate property taxes, so I paid them. Conservator is now evicting me from my father’s house, have me 7 days to vacate, hasn’t reimbursed me for taxes. Do I have to go?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 20, 2018

Several legal points. He can only evict you if you are a renter. If the taxes were paid by you, you simply paid taxes on behalf of the estate. Did you RENT the property from the estate or your father? If you are not a renter, his action for eviction is due to be dismissed. You need an attorney. Go... View More

1 Answer | Asked in Child Custody for Alabama on
Q: I’m a grandparent my granddaughter has been statin with me over a year, now her father wants to be a father now

After my daughter passed April, 08 2017 My grandaughter Father got Custody But she was staying with me the grandmother

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 18, 2018

What is your question?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My husband's 16 yr old son moved to Alabama to his sister's house. What paperwork do we need to do, if any?

My husband's son will be 17 in September. Does his son's sister, need any paperwork to enroll him into school or is he old enough to do it himself?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 18, 2018

He is a minor. If she does not have custody of him, he can't enroll in school

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can a 16 yr old decide to permanently move away from home without parental consent.

Is who they are living with right now breaking any laws by allowing them to live there without consulting the legal guardian at all and also moving out of town with the child without parents permission

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 16, 2018

You can't keep the child away from the parents. If there is a problem with the parents -- if they are unfit -- then a private custody petition would be in order.

1 Answer | Asked in Child Support for Alabama on
Q: my Son is 18 and just graduated high school. He moved out of his moms house this week. Do I still pay child support?

We are all in Alabama. Our divorce agreement states child support by Alabama guidelines

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 15, 2018

Yes, until the Court relieves you of the responsibility

1 Answer | Asked in Child Custody for Alabama on
Q: The mother gave up her rights to 2 children to their father. Father remarried both new wife and he planned to adopt each

Others children. He was killed unexpectedly. Birth mother is now trying for custody. She signed over her rights so she could "start over", never paid support or had anything to do with children. Fathers family wants new wife to keep custody. What are cases where this is possible??

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 15, 2018

You are going to have to be a little more technical. What did the birth mother actually do? Were her parental rights terminated in the Juvenile Court? Or, did she just give up custody. You are going to have to describe what going on.

1 Answer | Asked in Divorce for Alabama on
Q: In Alabama is private disability payments considered joint or separate property in divorce cases

As a 60 year old general dentist who left my dental practice due to multiple medical issues and was advised by 3 doctors to stop practicing 2 years ago. My wife of 35 years and a dental hygienist earning $40,000 per year placed all her earnings in her mom's account as a joint name on the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 15, 2018

Disability checks that are not Military VA DIsability can come into the picture in evaluating your income. Your further research should include looking at the new law on alimony in Alabama. ALimony must be rehabilitative in nature and can only last for 5 years unless the Court finds some... View More

1 Answer | Asked in Probate for Alabama on
Q: My father left his share of his mothers house and 4 acres to my brother and I when he died.

All his siblings had a share also. My brother passed away and I have my daddy's will leaving his part to us. No one lives in the house and my uncle keeps the yard up but none of the rest of the family has anything to do with the place. I have to move my mobile home and asked my uncle if I... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 15, 2018

I am assuming this is an Alabama question. If the will was probated, an affidavit of heirship was executed or the property otherwise passed to you and your brother, you are all tenants in common. You don't have to ask anyone if you want occupy the land. Was the will probated? Are you and your... View More

1 Answer | Asked in Child Custody for Alabama on
Q: Would it not be considered conflict of interest if a city Magistrate/probation officer has family court in the county!?

He works in the city of tht county where he has family court.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 15, 2018

Probably not. Only if his work brought information that he would not otherwise have.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Is non-court ordered child support valid without a written agreement? Can child custody be handled in same court visit?

I have paid the mother of my child non-court ordered child support for two years. We did not have a written agreement.

I've been served for the CS, but when I go to court for that, will visitation be discussed.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 14, 2018

It may be evidence that you have actually supported the child, but your non court ordered child support will not change what you will be ordered to pay. Custody will not be handled unless it is plead. You will have to pay a separate filing fee to get the custody before the court. You would ask the... View More

1 Answer | Asked in Child Support for Alabama on
Q: In Montgomery AL what age does child support legally end?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 14, 2018

19

1 Answer | Asked in Child Support for Alabama on
Q: Can a man be held responsible for child support in Alabama if he’s never received any legal documentation regarding it?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 14, 2018

He can if he was properly served by publication.

1 Answer | Asked in Child Support for Alabama on
Q: What is the procedure in Alabama to stop child support when they turn 19?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 13, 2018

If there is only one child, you can just stop paying. If there is more than one child you have to go to court to have child support recalculated.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Alabama on
Q: If my full name is stated in another couples divorce decree, am i able to contest this section of the decree?

i have been listed in the decree by full name by the Ex Husband saying his Ex Wife, "my best Friend." is not allowed to have any communication with me what so ever. Is he legally able to do that and/or can i contest the section of the decree that states my name? My friend doesn't... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 13, 2018

I would have to see the order before I could comment.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: How to go about getting custody if my 15 year old brother

I am 24 married with two kids my little brother that is 15 ask my husband and I if we would get custody of him are parents are separated and are mother said she would sign me her rights... but the question is how do I go about getting my dads rights if he won’t let me.?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 13, 2018

You go to court and prove that the parents are specifically unfit to be parents to the child. THis is called a private custody petition. This has to be done in Circuit Court. YOu need a lawyer.

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