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I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... View More 
answered on May 30, 2019
DHR can only help you with support. If you want to settle custodial issues you must file your own action. The court will hear both of them at the same time, however.
Police had to get involved to control situation.
answered on May 12, 2019
Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section... View More
answered on May 12, 2019
Google the clerks office in your county and learn the fee.
I have NEVER been charged with a felony nor have I had any legal trouble since 10-12 years ago.
answered on May 12, 2019
THe answer is probably no. If you have been convicted (which you have by pleading guilty and accepting a conviction) you are not eligible to carry a concealed weapon.
A month before she was due she told me she had an abortion but yesterday I found out she had the baby, I had no clue she existed, we don't live in the same town and I really believed she had a miscarriage. She kept the whole pregnancy a secret and no one even knew she was pregnant until this... View More
answered on May 1, 2019
THis is always an interesting situation. If the married woman has a baby, and the husband (who is the legal father of the baby -- not just the presumptive father ) accepts the child as his own, there is nothing you can do. (See a case called Ex Parte PResse) The question for you is this: does the... View More
I signed my son father up for child support thru the dhr office in August of 2018 and they keep telling me that they haven’t verified his address when I gave them his right address and his work address. Is there anything I can do to move the process alone faster ?
answered on Apr 9, 2019
They must have his address so they can serve him. If you want to move things along, help them find him.
Their dad doesn't have a license and their grandfathers should be revoked, their grandmother is ill and isn't in her right mind. This isn't for personal gain this is for my kids
answered on Apr 8, 2019
You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.
I wasn't fully mentally or emotionally functioning when I signed the agreement
answered on Apr 8, 2019
ALimony in gross or periodic alimony? The latter can be contested any time. The former cannot if it is in the nature of a property settlement after 30 days (or 4 months in the case of fraud or at any time if there is a fraud on the Court). I assume this is an Alabama judgement. You need a lawyer to... View More
answered on Apr 8, 2019
A suit for child support can be filed in these cases:
1) When the mother and father are married and a suit for divorce is filed, and there are minor children.
2) When the father and mother are not married, but where both are the biological parents of a child, and when the child is a... View More
She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.
answered on Mar 25, 2019
Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.
To someone else
answered on Mar 25, 2019
No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be... View More
I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i... View More
answered on Mar 25, 2019
I agree with Mr. Oncale. You have to go back to Court. His advice is good with respect to doing the calculation before you go. You might end up paying more for one child than you were for two children depending on you income and the income of the mother. The fact that you have more expenses in... View More
N/a
answered on Mar 5, 2019
Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and... View More
Is my marriage to this person legal
answered on Mar 3, 2019
A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got... View More
answered on Feb 18, 2019
You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.
Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... View More
answered on Feb 18, 2019
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person... View More
I'm ordered to pay child support thru Montgomery AL court system. I just recently found out my son that lives with his mother has quit school and obtained his GED and is not physically living at his mother's address. Can I have the child support stopped?
answered on Feb 18, 2019
You did not say how old he is. If he is self supporting and 18 years old, he might be able to be emancipated. Otherwise, you have to keep paying support...... but you should be ordered to pay it to the people who are supporting your son. If he has moved out.... what don't you ask for custody of him?
If you are compensated will the custodial parent be responsible for reimbursing you? The judge that presided over my custody case handled things very poorly. Of course I wasn't represented and he was so nothing I got in my favor. The judge asked me and child's Father our annual income... View More
answered on Feb 15, 2019
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are... View More
There are no papers or any court appearances between the parents about visitation or custody. There is only the child support that was established with DHR court back in 2005. The parents were never married, and the father is on the birth certificate. They went back for an increase in child support... View More
answered on Feb 14, 2019
You have no custodial rights just because you are on the birth certificate or paying support. Parenting issues must be settled in the Court. THose issues are NOT part of the DHR child support cases. WHile it is very common to hear the child support DHR matter at the same time a custody matter is... View More
In Alabama, and dad wants to see his son like crazy but no one in the family will help him to see his 5 year old son because they 'don't want to get involved'. She has a restraining order against the dad because he yelled at her last year (she is one of those who is using the system... View More
answered on Feb 14, 2019
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant... View More
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