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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My son is 7 mo old and has me and my boyfriend on his birth certificate as his legal parents. Does other guy have a case

There was another potential father He now is wanting to file a case for custody.sons father(my boyfriend) signed paternity papers and birth cert does other guy have any case

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 4, 2018

If you and your boyfriend were not married, he can go to the court and prove by a DNA test that he is the father of the child, and then get parental rights to the child, up to and including custody.

1 Answer | Asked in Divorce for Alabama on
Q: Is a child 18years old considered a minor during a divorce?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 2, 2018

Yes

1 Answer | Asked in Family Law, Child Custody and Divorce for Alabama on
Q: In my custody case with my daughter I'm being ordered to get a divorce from my husband. Can they do this
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 2, 2018

If you have a daughter who is the child of a marriage, the only way the Court can make decisions about a custody is in a divorce proceeding.

1 Answer | Asked in Child Support for Alabama on
Q: Does mother have to pay child support back if child finds out at age 20 by DNA she has different father

Does father of 20 year old child just revealed by DNA have to pay back child support?

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

I assume this is an Alabama matter. This is an interesting question, and the answer is no -- if the mother can go and overturn the original order. That is going to depend on what scientific testing was available at the time or the order and other factual issues. The father may be able to reopen the... View More

1 Answer | Asked in Child Custody for Alabama on
Q: I was offered a better job 98 miles away. I have custody of our children. Do I have to get permission from my ex to move

My ex has not been paying child support and I have been offered a better paying job about 98 miles away from where we live. This job would ensure that I would be able to support my children even when my ex did not pay his child support. Do I have to ask my ex for permission to move? If no, how far... View More

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

You must obey the provisions of the Alabama Child Relocation Act, which says you must notify her if you move more than 60 miles or across a state line. You have to send notification to her in strict compliance with the act, registered mail 45 days before you move. Your ex can object and take you to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What are guardian rights of minors

I was appointed guardian of my nieces 5 months ago. I am not allowed in court hearings, get no child support, was not offered an attorney, get no assistance whatsoever of any kind. How can the court just use me like this

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

you are not allowed in Court hearings unless you are a party to the action. THe natural parents should be ordered to pay child support to you. DId the Court award custody to you? Who "appointed you guardian"? It is hard to answer on such scant facts

1 Answer | Asked in Child Support for Alabama on
Q: In Alabama I am paying child support ( and arrears ) for my 18 son and 21 year old daughter . Does that seem right ?

My 21 daughter is living with her boyfriend and is getting married next month and I pay her mother child support for her..I was under the impression that child support continues for both children until the youngest turns 19 ?is this true ?

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

The money you owe is for what you didn't pay in the past. THeir present situations have nothing to do with it.

1 Answer | Asked in Child Support for Alabama on
Q: How many times can a female put you on child support? Take me off when happy but put me back on when mad. The 3rd time

Is this possible? One minute she happy and take me off and when mad put me back on cause we no longer together!

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

If you are the father of the child you are ordered by the Court to pay the support. The female does not have the option to take you on and off. If you are the father you owe the money

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: What is the non custodial parent required to provide outside of child support for the child? Own room/clothes etc?

I have primary physical custody of my 6 yr old son. His dad gets every other weekend visitations. My ex and his gf live in a 1bedroom apartment. This is the second 1bedrokm they have moved to in the last year 1/2. My son is sleeping on a couch in their living room. It bothers him that he... View More

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

Your option is to go to court an attempt to resolve these issues. You will have to convince a judge that having to sleep on the couch is bad enough to keep the father from his child.

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... View More

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

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You... View More

1 Answer | Asked in Child Support for Alabama on
Q: How do I go about finding a lawyer to be over my child support case so that I can start receiving some kind of help?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 24, 2018

Ask around. Find someone who practices in your county in the domestic relations court.

1 Answer | Asked in Divorce for Alabama on
Q: Is there any way I can get the Retirement Systems of Alabama to honor a QDRO for the split of retirement funds?

I understand that state retirement funds (state employees) are not subject to ERISA, therefore the Retirement Systems of Alabama is not obligated to honor a QDRO. However, are there instances in which they will or is there any possibility in getting some relief here? Divorce is pending--can I ask... View More

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

Alabama retirement is not divisible in divorce. Is your divorce final, pending or what.?

1 Answer | Asked in Child Support and Divorce for Alabama on
Q: I have 3 grown kids, 22 and up. Believed was divorced 21 yrs but she never filed papers after I signed at her lawyers

office. Eldest kid told me she had passed 4 yrs ago. Remarried and when reconnect with youngest kid, the mother shows up with her, hands me paper saying we still married. I have filed for divorced but she won't sign until I say the middle child is mine (he is not), can she try to get back... View More

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

I assume this is an Alabama matter. If the divorce was not filed and if an order was not issued by the Court divorcing you from her ---- you are still married to her. You don't have to agree to anything. Go to Court.

1 Answer | Asked in Child Support for Alabama on
Q: If I make 300 more than my ex and filed for joint custody will they stop child support payments
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 22, 2018

Your question makes no sense. Please provide details if you want your question answered.

1 Answer | Asked in Child Support for Alabama on
Q: I pay child support for my child i take care of two kids and i have one on the way can my child mother raise childsuppor
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 21, 2018

You are going to have to provide more detail before I can attempt to answer your question.

1 Answer | Asked in Child Custody for Alabama on
Q: I am 8 months pregnant and not married to the father. He has threatened to take the child home with him no matter what.

We do not live together and I was planning on putting him on the birth certificate. What are my rights to stop this?

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

I am assuming that you are an Alabama resident and that this is an Alabama matter. He has no rights to the child unless and until a court says he has rights. He has to go to court to establish paternity, have child support ordered and in a non-DHR case -- establish custodial arrangements.

1 Answer | Asked in Contracts, Estate Planning and Tax Law for Alabama on
Q: deceased husbands will left all assets including marital property to his son. I received one half retirement. Need help.

i cared for him with cancer with very little help from his son since 2003. He then threatened me physically demanding I sign off on his retirement. I was left 1/2 the retirement and 12,500.00 life insurance. He gets the bedroom suit I sleep on and I get one tv. I owned my mobile home and car or I... View More

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

You need some help here. You are confusing terms of divorce (marital property) with an estate. The only property that is the property of your late husband's estate is his separate property. You need to get to a lawyer and find out what your rights are.

1 Answer | Asked in Family Law and Domestic Violence for Alabama on
Q: My husband has locked me out of our house. We both have a PFA, I need to get in the house. In Alabama, how do I get in?

There is also a DHR case against him.

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

You get in the house, by getting in front of a judge.

1 Answer | Asked in Contracts for Alabama on
Q: Can I be forced to build a home with a contractor if I’m relocating now and need to be released from my contract?

We haven’t broken ground yet, and I have agreed to let the builder keep the earnest money.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 17, 2018

You probably can't be forced to build a house you don't want (this is called specific performance) but you may be liable for damages in breach of contract. You should go see a lawyer on this and have him or her read the contract carefully and lay out your options.

1 Answer | Asked in Divorce for Alabama on
Q: I divorced in 09 and did not ask for a settlement of his retirement. Am I entitled? Married in 93.

25 years fireman now retired.

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

Probably not. If the order is silent on this, the court can't go back an re-apportion marital assets and liabilities. Too late! However, you should have a lawyer look at your final order.

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