Get free answers to your legal questions from lawyers in your area.
I have plenty of screenshots showing he isnt being a fit parent to her. He doesn't pay child support. Doesn't strap her in her carseat while driving. Smokes around her. And only gets her if his mom or sister do. I need help on how to start
answered on Apr 21, 2018
You have to go to court and get an order. You need a lawyer. If you can't afford one, see if there is an organization in your area that will represent you for free.
In AL if custodial parent petitions to relocate >150 miles away from NCP who has joint legal and standard visitation does this often result in NCP being awarded primary custody if NCP files to stop relocation and seeks after primary custody?
answered on Apr 20, 2018
All of this is fact driven. If a parent relocates he or she must follow the Alabama child relocation act. The presumption is that a child should not be relocated. What happens depends on the fact of the case.
My step-son moved in with us the day he graduated high school May 27th 2017, child support continued to be paid. We tried to have it stopped & just pay back child support owed. DHR would not help us. We even proved he was living with us they still did nothing. He is now 19, we have paid more... View More
Me and my ex wife plead guilty to a misdemeanor domestic violence charge back in 2012. We were both pretty scared since neither had been in trouble with the law before and plead guilty during the hearing in the belief that it would make things easier on the court and therefore us. I was not aware... View More
answered on Apr 17, 2018
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
can a recieve support due to hardship? my husband had me served with divorce papers when he was the one who committed adultry . he has given me nothing in 3 months and i am on disabilty and only recieve 630 dollars a month . i also have custody of my minor 2 grandchildren . can i still bring up... View More
answered on Apr 17, 2018
Under Alabama law, you probably condoned the adultery by having sex with him after you knew about it. Besides, a mere episode of sex with another person - alone - will not support a ground for divorce of adultery. Other than that, you are entitled to your share of the divisible marital property. If... View More
answered on Apr 16, 2018
You can't elect to "take someone off child support" The child can turn 19. Please reply and say specifically what your facts are and what you are trying to do.
We DO have a child support order in place, he HASNT been in the childs life for several years. We decided to try to co parent every other weekend for the sake of the child, but after picking my child up, he isn't answering phone calls or texts.
answered on Apr 16, 2018
A child support order does not set up any visitation schedule. Go to Court with this right now. WHen you decided to co-parent, did it occur to you to establishing something in a court order? He has no more right to the child than I do if there is no presumption of paternity or court order. However,... View More
The children have medicaid and they go to their doctors appointments once a month to once every other month. They do not require any special school or daycare programs and function as normal as possible taking medication daily. They are not on disability. If his father asks for additional child... View More
answered on Apr 16, 2018
I assume this is an Alabama matter. Medical expenses of minor children are to be divided equally if not covered by insurance.
We have been together ever since he never moved out and I never changed my name and we still presented as married even though we didn't have another ceromy are we married in the eyes of the court would we have to divorce again and am i still entitled to alimony and things like that i have been... View More
answered on Apr 13, 2018
If you did all of those things before January 1, 2017 you just might be married by common law. You see, the Alabama legislature abolished common law marriage in this state to keep those pesky same sex couples from easily being married to one another. If you can establish the elements of a common... View More
Isn't on the paper. The paper only says "I will drop the back child support in the amount of ____" He's now trying to get me for Theft by Deception. Can he do that?
I traded in my vehicle. The dealership paid it off without the new car being financed. I asked if I could buy back my car I traded in...the response was no. The new car was never financed. Now the dealership says they're suing me for the cost of the new car that I returned. Can they do that?
answered on Apr 11, 2018
I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales... View More
Officer said this is not domestic violence b/c he's been gone from my home for 6 months. Is this true?
answered on Apr 10, 2018
You didn't say. where you married to him? Did you divorce him? Answer those questions please
Support order from 2005 included child support and alimony. Non custodial parent didn’t pay for years and accrued arrears- over $40k in arrears and interest.
I have remarried and the youngest child just turned 18. His payroll dept just received a form to stop income deduction because... View More
answered on Apr 10, 2018
You probably need a lawyer to help you with this. You object to the modification of the income withholding order because of the arearage. Your remedy is with the COurt.
answered on Apr 8, 2018
Modifying custody is a very big deal. You will have to take her back to court and show the court that there has been a material change in the circumstances of the child, and that the change in circumstances dictates that a change in custody would bring such a large benefit to the child as to over... View More
Need help with a question about a postnuptial agreement. I have trouble communicating verbally via phone especially after a TBI. I really hope someone can email me and help me with this!
answered on Apr 7, 2018
A competent family law attorney will be glad to meet with you and review the agreement. No competent person is going to do this with an e mail.
I have two 401k accounts and debts far less than the account totals. What can I give to my own 36 yr old daughter and grand daughter out of my retirement accounts if when I die my surviving wife believes she gets everything? She views all of my assets as hers upon my death - so I really have... View More
answered on Apr 7, 2018
It is difficult, if not impossible, to discuss estate planning and other testamentary issues with fragmentary information. Your wife has a right to your estate if she chooses no matter what you do. Your retirement may not be part of your estate at your death. You should contact an attorney and get... View More
will only reverse the divorce if there is a good reason. Son n law was just diagnosed with PTSD from the war and he doesn't want to leave his family. Lawyer says this isn't a good enough reason. Where do they go from here?
answered on Apr 6, 2018
If the wife and husband agree. then they file a motion under Rule 59, ARCP to vacate the divorce judgment -- THIS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE OF THE DIVORCE DECREE. If they both agree, you don't need a reason.
Wife was moving into a a house i purchased, with funds outside the marriage and I was to retain the rent house. This way we could share custody of the children, etc. The day she moved she told me that she had moved to Birmingham, while telling me she was moving into the new house. We filled for a... View More
answered on Apr 6, 2018
You mention that you have a lawyer. I suggest you talk to him or her.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.