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My daughter’s father and I have joint custody. He lives in another state. He has not contacted my daughter in 4 months. Before that it was 2 months. He has never paid his court appointed child support. He has not followed anything from the divorce papers that pertains to my daughter. My question... View More 
answered on Apr 7, 2020
If he has gone for more than four months without providing any emotion, physical, financial or other support and has no contact with the child for that period you can file a petition to terminate his rights. You have the burden of proving that he has in fact abandoned the child within the meaning... View More
answered on Apr 6, 2020
I assume you are asking about an Alabama matter. You execute a sworn to affidavit when you put down how much work related daycare is being paid. This is widely abused, with made up numbers provided by day care workers who are actually family members and a host of other problems. If you are paying... View More
answered on Apr 6, 2020
By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... View More
What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.
answered on Apr 2, 2020
If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... View More
He has a violent history and I think he has no business having any part of our son's life. He has three different PFAs against him by three different women, he has 6 different Violation of Domestic Injunction charges, and 4 Domestic Battery charges. Is there anything I can do about this? Do I... View More
answered on Mar 31, 2020
It would be difficult. You don't say how long ago you went to Court. You also don't say what you did to learn of his past. If you could have learned about this stuff (if only you'd looked) you can't go back to Court and say I didn't know. It is critical to know how long ago... View More
My divorce states that my ex is to pay me $600/month for 12 months after the date the agreement is signed. But I am now pregnant, not by him of course. Can my pregnancy cause for the alimony to be stopped or does he still have to pay. No special wording on divorce agreement paperwork just that he... View More
answered on Mar 31, 2020
I think at worst your agreement is unclear and subject to two meanings. Alimony that is set out with a definite time limit is usually specifically called "alimony in gross" in the agreement. To call the alimony "periodic alimony" which is ended by co-habitation (but not by... View More
During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... View More
answered on Mar 31, 2020
Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?... View More
She has requested to live with me instead. She feels uncomfortable with mom's new boyfriend and they just got engaged.
answered on Mar 30, 2020
To state the obvious, you need to call an attorney. A lawyer can often get a warrant withdrawn and allow the defendant to appear and post a bond. Get a lawyer who does juvenile dependency in Mobile County, or criminal defense. We do both and you can contact us if you like.
The child will be turning 16 in June. She is my granddaughter from my deceased son. Her mother is deceased as well, Feb. 5, 2014 and my son Nov.21, same year. The relatives on her mothers side is putting ideas in her head that she does not have to live with me when she turns 16. The child feels... View More
answered on Mar 30, 2020
In a word, no. You have custody until she is 19 years old. If they keep the child from you they are committing custodial interference. Tell them send the child back to you.
Father has never helped or tried to meet son.His name isnt on birth certificate.I gave birth in TN but have been living in Ala. Trying to figure out how to get paternity testing or acknowledgment of paternity form and in which state should i file?
answered on Mar 28, 2020
Alabama, the home state of the child. I would say you should consider terminating any right that he has. Get rid of this guy once and for all.
He was ordered to pay child support back in October, but has only paid one month so far. He keeps giving the court the wrong names of his employers on purpose to avoid payroll withholding. He only makes token attempts to talk to our son for only two minutes at a time every night. He calls at the... View More
answered on Mar 28, 2020
You can go back to Court and ask for your support. If he is a danger to the child, you must show that to the Court.
answered on Mar 27, 2020
This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.
It's for support for me, not child support. I became pregnant after divorce by current boyfriend. He doesn't know that I'm pregnant yet but was late with the 1st payment for Feb and hasn't paid anything for March yet. Can he ask to stop paying support due to my pregnancy when he... View More
answered on Mar 25, 2020
The question will turn on the language in the order or agreement. This sounds like alimony in gross in the nature of a property settlement which is not effected by your cohabitation or remarriage. Read the order carefully. It does not matter who he is shacked up with. If -- on the other hand -- it... View More
answered on Mar 23, 2020
Possibly. Is she staying at the Walforf Astoria, or a drug ridden flophouse where the roaches march around the room calling cadence? The state expects that the child have a fit and proper place to live. Who is in the hotel room with her? Her boyfriend and three others? They (DHR) will come look... View More
I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... View More
answered on Mar 16, 2020
You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.
I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read... View More
answered on Mar 14, 2020
Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the... View More
answered on Mar 13, 2020
First. How old is the child. If the child is more than 19 years old -- and there is not an agreement in place that says you will pay for college OR if the order was rendered before a case called In Re Christopher came out -- you don't pay. Provide a few details and one of us can answer you... View More
answered on Mar 9, 2020
A petition to terminate your parental rights must be filed in the juvenile court. You would then file a consent. Be aware that such a termination does not make your back child support go away. Also, if the court believes that you just want to sign these rights away so you can avoid supporting the... View More
And my daughter is about to turn 2. I want to get her name changed.
answered on Mar 5, 2020
You will have to terminate his parental rights in the juvenile court.
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