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Questions Answered by Michael L Capleone

1 Answer | Asked in Child Custody for Alabama on

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

She is wanting to out stipulations on the paperwork

Can she do this?

Michael L Capleone answered on Sep 18, 2018

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.

2 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: Is there free legal aid services available in the state of Alabama? Or a reasonable priced family court lawyer that

would be willing to give me a payment arrangement? I'm a waitress at the casino in Alabama. I'm employed full time.

Michael L Capleone answered on Aug 15, 2018

Please call me to discuss.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on

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

He says when I can see the kids and makes all the decisions. I don't know what to do.

Michael L Capleone answered on Jun 20, 2018

Consult with an attorney in your area. You have legal rights!

1 Answer | Asked in Child Support and Divorce for Alabama on

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

Michael L Capleone answered on Jun 20, 2018

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on

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

What if we cannot agree on a uncontested and am forced to go with a contested? Would I be out of money after paying for the uncontested or will I beable to use the money I put on a uncontested towards a contested?

Michael L Capleone answered on Jun 20, 2018

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...
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1 Answer | Asked in Divorce for Alabama on

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

Her husband filed a motion to dismiss her case. Where law library or online site can I go to to find precedent to deny his motion? If it is a reputable site I will pay for the info.

Michael L Capleone answered on Jun 20, 2018

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... Read more »

1 Answer | Asked in Child Custody for Alabama on

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

Michael L Capleone answered on Jun 14, 2018

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on

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

He says when I can see the kids and makes all the decisions. I don't know what to do.

Michael L Capleone answered on Jun 12, 2018

You need to consult with an attorney, you have legal rights, time is of the essence. Especially if court proceedings are now ongoing.

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Alabama on

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.

So what can I do until I can get a attorney

to be able to have time with my son. Plus he wont let him go to FL on vacation to see my family and my son told me he wants to go. How do i go about havijg rights over someone who is manipulating and acts like a narcissist?

Michael L Capleone answered on Jun 12, 2018

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.

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1 Answer | Asked in Child Custody and Child Support for Alabama on

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

My daughter was taken from her mother by DHR for unsafe living conditions. I pay child support every month. Would I have legal rights to my daughter? I just found out my daughter is now living with a non relative since being removed from her mother's care, and I was not made aware of any of this.... Read more »

Michael L Capleone answered on Jun 2, 2018

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.

1 Answer | Asked in Child Custody for Alabama on

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

My friend is getting her kids for the summer. Her ex has stated he is not going to allow them to leave. There is a court order that states the terms of custody. Is he allowed to withhold the children from her?

Michael L Capleone answered on Jun 2, 2018

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.

1 Answer | Asked in Child Custody for Alabama on

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

Michael L Capleone answered on Jun 2, 2018

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... Read more »

1 Answer | Asked in Child Custody for Alabama on

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

Michael L Capleone answered on Jun 2, 2018

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.

2 Answers | Asked in Child Custody, Divorce and Education Law for Alabama on

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

Child, supposedly, has not been enrolled in the other school yet. But my ex has said it is planned my child will go to school different from what divorce papers say.

Michael L Capleone answered on Jun 2, 2018

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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