Questions Answered by Michael L Capleone

Q: My daughter is giving my husband and I temporary custody of her 15 yr old daughter. Our granddaughter

1 Answer | Asked in Child Custody for Alabama on
Answered on Sep 18, 2018
Michael L Capleone's answer
I would need more details and information about this matter to discuss and or give intelliable conversation. You are welcome to call me to discuss.

Q: My husband filed for temporary custody of our 3 boys cause he thinks I've abandoned them. What do i need to do

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Consult with an attorney in your area. You have legal rights!

Q: What is the man responsible for in non contested divorce Financially wise

1 Answer | Asked in Child Support and Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Potentially anything and everything he would be responsible for financially in a contested divorce. It really depends on what type of financial issues are involved.

Q: What if I am not sure if my husband would agree on a uncontested divorce.

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
It depends on the individual attorney and agreement that is entered into between the Client and Attorney.

For example: In a case where a client has retained me for an uncontested divorce that later becomes contested; I just apply the amount of attorney fees already paid by the client to what retainer I charge (All of this by contractual agreement of course.)

To answer your question, not necessarily. It depends on what you and your attorney agree upon.

Q: My daughter recently filed for divorce. Being a single mother my wife and i hired a local attorney in Baldwin County.

1 Answer | Asked in Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
If one party files for divorce and another party files too dismiss the case, the case will generally move forward. A hearing date would be set to hear the argument of both sides concerning the motion. In order to give you an answer concerning argument against the motion, I would need to see a copy of the motion that was filed and what arguments / issues that are being raised in said motion.

Q: I was wondering how to go about getting custody of a 3 year old when the mother tried to kill herself tonight

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 14, 2018
Michael L Capleone's answer
That is a very complicated question, you have not given enough information of the circumstances and background. I would advise you to seek the advice of an attorney by legal consultation.

Q: My husband filed for temporary custody of our 3 boys cause he thinks I've abandoned them. What do i need to do

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 12, 2018
Michael L Capleone's answer
You need to consult with an attorney, you have legal rights, time is of the essence. Especially if court proceedings are now ongoing.

Q: We are separated, my husband has our son with him that is 15yrs old. He won't let me pick him up to see him.

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Alabama on
Answered on Jun 12, 2018
Michael L Capleone's answer
You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.

Q: Alabama: if my child's mother has custody of my daughter but DHR takes her from the mother, does she come to me?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jun 2, 2018
Michael L Capleone's answer
Yes, you have rights. I would need more information to address this question. Maybe hire an attorney to help navigate through this potentially complicated situation.

Q: If there is a court order in place stating custody, Can an ex spouse withhold the children?

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 2, 2018
Michael L Capleone's answer
If the court order addresses visitation and custody and the ex spouse is in violation of that order. Then there are legal remedies in place concerning that type of circumstance.

Q: In Alabama what are the custody guidelines when a child is born out of wedlock and the parents decide to split up?

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 2, 2018
Michael L Capleone's answer
Typically if the parents of the child are not married and there are no Court Orders in place already addressing custody.... Then one parent would need to petition the Court of their jurisdiction requesting that paternity and custody be established. Until that time, custody would tend to be with whichever parent the child happens to live with.

Q: Okay they had a permanency hearing where my Ex Girlfriends husband got custody of our son. I want to gain custody

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 2, 2018
Michael L Capleone's answer
I would need to know more details about the case to answer the question. To gain custody you would need to petition the Courts. The specific facts, details, and history of the situation would all be variables. I need more information.

Q: If divorce papers say child is to go to a certain school, what can be done if ex puts child in different school?

2 Answers | Asked in Child Custody, Divorce and Education Law for Alabama on
Answered on Jun 2, 2018
Michael L Capleone's answer
It really depends on the language addressing this issue in the divorce decree. You would need to review that first to see if there is true violation of the Decree. Then if so, you could possibly file a petition with the Courts to have the other party found in contempt of the Divorce Decree.

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