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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: How do I get started getting child support and custody of my daughter? We have a mutual agreement that he doesn't follow

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Child Custody for Alabama on
Q: Does custodial parent relocating > 150 miles from current residence and NCP often result in NCP being awarded CP?

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Child Support for Alabama on
Q: How to get child support to stop after the child has moved in with the parent ordered to pay child support?

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 19, 2018

Go back to court.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Divorce for Alabama on
Q: can i contest my divorce ?

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Child Support for Alabama on
Q: What are the steps you take by taking someone off of child support in Alabama?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Child Custody for Alabama on
Q: NCP will not return our child, nor will he answer phone calls. NCP is not on birth certificate.

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.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Divorce for Alabama on
Q: How long before I can remarry after my divorce is signed by the judge
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 16, 2018

Read the order. 60 days

1 Answer | Asked in Child Support for Alabama on
Q: Can the custodial parent get additional support if our children have been diagnosed with adhd?

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Divorce for Alabama on
Q: My husband and I married on 2004 them divorced in 2006. We were back together less than 3 months later

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: My sons father had me sign a notarized paper saying i would drop back child support. He gave me $600 to do so, but that

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 12, 2018

You can't forgive child support.

1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: I got a new car from the dealership. The car was not financed. I returned the car. The dealer says I owe them.

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex has been gone for 6 months but he comes and breaks into my home, breaks Windows and physical abuse? What can I do?

Officer said this is not domestic violence b/c he's been gone from my home for 6 months. Is this true?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 10, 2018

You didn't say. where you married to him? Did you divorce him? Answer those questions please

1 Answer | Asked in Child Support and Divorce for Alabama on
Q: A Support order didn’t change yet ido was stopped by dhr.

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Child Custody for Alabama on
Q: How do I get my son mother for not taking care of him and not doing his homework with him can I keep him from her?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Family Law for Alabama on
Q: I need to ask a lawyer about a postnuptial agreement. It doesn’t allow me to type enough here. Where can I do this?

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!

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Married my 2nd wife 11 years ago. Now making a will. Is everything that I own now half hers and if I die all hers?

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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

1 Answer | Asked in Divorce and Admiralty / Maritime for Alabama on
Q: Daughter and son n law filed for divorce. Judge signed March 12, 2018. They have changed their minds. Lawyer says Judge

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Wife moved 150 miles away w/o consent. My attorney filled for a temp order to return 3mts ago, no response what can i d

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 6, 2018

You mention that you have a lawyer. I suggest you talk to him or her.

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