Questions Answered by Melissa L. Padgett

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 17, 2017
Melissa L. Padgett's answer
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. He can ask the clerk for an affidavit of substantial hardship that essentially is a request to the Court for a waiver of the filing fee.

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 17, 2017
Melissa L. Padgett's answer
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 yes. You would need to hire an attorney to represent you regarding the issue of visitation.

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 16, 2017
Melissa L. Padgett's answer
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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