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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: We need advice

My daughter was married in arkanasa and became pregnant had complications her husband kicked her out forcing her to move home to alabama now he wants divorce and custody what can we do

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 20, 2018

IS this an Alabama matter?

1 Answer | Asked in Child Support for Alabama on
Q: I was married one of the kids another man signed her birth certificate but she is my child does he pay child support ?

I’ve never taken a drug test.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 20, 2018

This question makes no sense. What are you asking?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am on q month to month lease and my LL sent me a text on 8/23/18 stating that Sept would be my last month.

That's all the text said. So I asked is October 1 day I have to be moved. He responded yes. I did ask for something in writing never received. Then I received another text stating that if I stayed past 9/30/18 rent would be 3 times monthly amount $2670.00. Is this legal? I would understand a... View More

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

I assume this is an Alabama question. No. he must terminate your tenancy in writing and serve that on you.

1 Answer | Asked in Child Support for Alabama on
Q: SSDI payment to child is more than what non-custodial parent is paying in support. Is that the new support payment?

Non-custodial parent wants to take the difference in child support and the SSDI benefit to child and use the excess for his 50/50 obligation for school/medical expenses. Is that correct? Why isn't the entire SSDI payment the child's and parents out of pocket pay 50/50? Non-custodial... View More

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

You will have to go to Court to address this issue.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Is it required in the State of Alabama that everyone over the age of 19 MUST sign a rental agreement?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 18, 2018

There is no such legal requirement.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: How do you do a force sale on a house in Baldwin County, Alabama, without a lawyer?

My ex- husband and I filed an uncontested divorce and I signed the house and property we owned in Baldwin County, Alabama over to him via quit claim deed. He was suppose to refinance the house and get my name off the mortgage. He has not recorded the quit claim deed and he has not refinanced the... View More

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

You return to court and compel him to obey the terms of the COurt order.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on
Q: What can be done? How old can a child be to request a name change or adoption? Can we terminate rights?

Bio dad hasn't spoken to him in 1 year. Even after going to court in May he has made 0 effort to call,or text our son. Visitation has not been set up as our judge is making us go to a parenting class. We are being sent to a child first class, however we were.never married, but he's on the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2018

If he has not supported the child with money, contact or anything else for a period of 6 months or more you can attempt to terminate his rights on the ground of abandonment. The fact that you were not married, etc, is not relevant. If he has abandoned the child you can attempt to terminate his... View More

1 Answer | Asked in Child Support for Alabama on
Q: My Son was just served child support papers without establishing any type of paternity. We paid for a DNA to be

Establish months ago and the mother refused to take the test. Can the court make the mother take the test before his court date?

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

Yes.

1 Answer | Asked in Family Law for Alabama on
Q: Can a 17 year old refuse to attend weekly visits that dhr is recommending with her mother.

The mother was removed from the home by dhr nine months ago due to drug and alcohol abuse

The home where the 17 year old is in is her step grandmother house.the grandmother has had her for nine months.

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

No

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Alabama on
Q: Are there any Juvenile Court Pro Bono Lawyers in Alabama?

Issues with DHR, I want my kids back and I want them out of my life. I still don't know the results of their investigation they began in February. Never received a letter of indicating or not indicating child abuse/neglect. Never failed their drug test, they have been harassing me. Filed for... View More

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

You need a lawyer to represent you. I don't know of anyone who does this for free in your jurisdiction. You should call the bar association in the county where the case is and get some help.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can a judge force dna testing on a presumed father? Urgent Help!

Child is 2 yrs old, Has fathers last name and he is on the birth certificate. Has paid child support and tried co parenting outside of court. We’re never married. Father is now married to new woman, Before any hearing set, judge is forcing father to establish paternity only because the mother... View More

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

It is well within the court's power to order such a test. As a person who never married the mother and who is not the father he has no right to the child. THis is what happens when people have children without getting married.

1 Answer | Asked in Family Law for Alabama on
Q: my s/o is 20 and I am 17 and pregnant, is it illegal to move away from my mother and with his family out of Alabama?

She is not okay with it, but it would be in better interest for the child, me, and my boyfriend considering he has more job and schooling opportunities

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

You are a minor and don't get to decide that you are going to "up sticks" and just leave. If you were to marry you "s/o" you would be emancipated. You can't marry without consent until you are 18.

1 Answer | Asked in Child Support for Alabama on
Q: How can the money sent from grandparents be credited to the retroactive amount? Is that not a gift?

The judge allowed my son's father to credit $2500 to retroactive based off checks sent to my son from grandparents. These checks stated "for good grades" "for football" "for birthday"

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

I take it you disagree with the judge's order. The court has a lot of discretion here. You don't clearly set out what happened, but it appears that the court decided money that the father's parents sent to the son should offset some arearage, etc. THe court probably also looked at... View More

1 Answer | Asked in Child Support for Alabama on
Q: I have paid all my arrears and current child support. What is the least my employer must deduct just for interest?

I have been paying child support for years arrears and current through my employer. At this time I have paid all current and arrears my son is over the age of owing child support. However, the state of Alabama wants my employer to continue to deduct the same amount as with the child support... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 5, 2018

What ever the Court orders.

1 Answer | Asked in Child Support for Alabama on
Q: Was served summons child support court .. what happens if other party changed mind and doesn't show for court
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 5, 2018

I assume this is an "Ex re" action where the Department of Human Resources is chasing you for support. If they don't show, DHR will do the math and you will be ordered to pay support.

1 Answer | Asked in Family Law for Alabama on
Q: The father of my grandchildren will not give them back to my daughter and they where never married

She allowed the mother of the father to keep the kids over the weekend as she has before for she never wanted to keep them from them she went to pick them up and the father was there and refused to turn the kids over to there mother

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 5, 2018

Have you ever been to court on any of this? That would be a start! You have to get custody as part of a Court order! Get a Petition filed and get to court

1 Answer | Asked in Child Support for Alabama on
Q: I am ordered to pay child support as is the father to a third party. I am unemployed, however, the judge ordered me to

pay based upon earned wages of $8.50. This is the amount that the father currently makes! My husband is currently supporting two other children in our home. This is an Alabama case but we live in Texas. We know in Texas they typically take into consideration the other children that are being... View More

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

Child support that he is paying is part of the calculation. Other children that he moves into the house are not part of the calculation

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I'm paying child support that me and my ex wife agreed upon in our divorce papers. She owes me now for various things

And will not pay. Can I just stop giving her that money till the money she owes me is paid. The child support is not court ordered. I have never missed a payment in 13 yrs.

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

Not without a court order saying you can.

1 Answer | Asked in Child Custody for Alabama on
Q: In the state of Alabama can a child under 12 tell a judge if they want to live with someone who is not their family.

Because of being in a bad family situation and DHR keeps being called. And the person they want to live with is the ones taking care of them.

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

Let's address this silly old saw. There is not an age when a minor gets to decide who to live with. It does not matter what uncle Billy (whose girlfriend is a paralegal) told you. A minor never gets to make that decision. In probate law, a minor must consent to a divorce when older than 14. A... View More

1 Answer | Asked in Divorce for Alabama on
Q: With no income how much and how long will a devorice take till it’s finalized

Me and my soon to be ex husband have not been together since November of last year how long will it take to finalize a divorce bc I’m hoping to get married to my fiancé in October

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 1, 2018

Even if you and your beloved want to get married on Halloween, you can't. YOu have to wait 60 days from the date of the divorce to remarry -- and you don't have a final divorce decree.

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