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Questions Answered by Melissa L. Padgett

1 Answer | Asked in Family Law for Alabama on

Q: How can my stepson get to visit his child when the mother refuses to let him? She will not even answer his text or calls

One of the reasons she had previously refused was because he was going to a methadone clinic and had been for over 10 years and she told him when he quit he could see his son. Well he went through hell in June and July of 2016 and got off and is now drug free. The problem accrued when his son was... Read more »

Melissa L. Padgett answered on Feb 17, 2017

If he has no money for an attorney, he can simply file a petition himself requesting visitation. If visitation has already been established, he can file a petition against the mother for contempt of court. He would be representing himself in his case, but he would be required to pay a filing fee.... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: Will the judge grant visitation for a CS case? I filed through DHR

Filed child support and told the father he can get her on weekends and he does not want to. Instead he wants to get her wed and thurs which affects her sleep for school. He's stating that he will tell his attorney that i stopped all vistation which I did not. And aslo fight the child support case.... Read more »

Melissa L. Padgett answered on Feb 17, 2017

A Judge could hear the issue of visitation during the hearing to establish child support, or he could hear it at a different time. The DHR attorney will not represent you regarding the issue of visitation. The DHR attorney will simply prosecute the issue of child support. So the answer would be... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: I am 18,my 17 year old girlfriend(also my baby's mother)want to get married.

Her grandmother has custody her so she has to consent?

Melissa L. Padgett answered on Feb 16, 2017

Yes, her Grandmother must consent. Alabama law (30-1-5 Code of Alabama) requires that consent of the parents or guardians of the minor to the marriage must be given, either personally or in writing(notarized), to the Judge of Probate before a marriage license will be issued.

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