We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More
Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise...View More
My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... View More
The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to...View More
12yo is covered by health insurance by ex. This year we have incurred $400+ uncovered medical bills and she is starting orthodontic treatment soon ~$6800. Ex states the portion his benefits cover (for example, $1700 of braces) count as his payment towards these bills. Insurance does not exceed 5%... View More
Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them...View More
Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties so his Mother wants him to live with me instead. Since living with me i am going to spend money on him the Mother wants to waive / stop the child support.
Your thoughts on this are correct. You do need to go through the court system to end child support. You may be able to end child support without changing custody but you will have to provide an acceptable reason to the judge as to why child support would be waived. As always this should likely...View More
My son is 6 years old and his mother and I weren't married but I am on his birth certificate as his father. She moved him to Alabama and ceased all contact with me almost a year ago. I just found out my son was taken by the state of Alabama and put into foster care when she was arrested. I was... View More
Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does...View More
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More
There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.
I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you...View More
I relocated to Alabama in June 2019. My custody papers were finalized and filed in TN. My ex is now relocating to Alabama from TN and has requested a modification of custody time and support. I am in agreement with the change in time, but he is also stating that his job will cease in a few months... View More
Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer...View More
I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... View More
I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There...View More
She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... View More
It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good...View More
His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... View More
If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not...View More
You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that...View More
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
We were talking and I mentioned to him that I thought our time had expired. He proceeded to tell me he wanted my things packed and moved out of the home the next day. I had nowhere to stay. I’ve been looking for a home. He called and harassed me about looking for a home with his knowledge. I’ve... View More
There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get...View More
My husband just found out he has a 17yr & the mom doesn't want us to have a relationship with the child, she's just asking for child support &we're not happy. The mom states that she knew he was the father and withheld this info for 17yrs. Will retro/back support be ordered?... View More
A lot going on here and let me say you need to get an attorney involved to make sure this all goes as quickly as possible. So to answer one of your questions you should definitely hire an attorney. Venues in Alabama vary on whether they will reach back to charge a father with back child support...View More
Ok, you have 2 different questions really. First, unless there is a court order is place directing otherwise your ex-husband cannot control whether you take your children out of state. Now, you cannot move without following the relocations procedures but as far as out of state trips or visits go...View More
The answer below it correct. Child support in Alabama terminates at 19 which, by the way, is a year longer than most every other state. There are however 2 exceptions. If the child has special needs by virtue of a disability a court could order child support to continue. In addition if you have...View More
Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my... View More
A lot of interesting things going on with your fact pattern. I would suggest that given the number of moving parts involved that you go ahead and set up a more individualized consult with an attorney rather than trust solely the bits of information gained in general responses here. I will say...View More
Divorce lawyer said $4,000 retainer fee was more than enough. Court hearings were put on hold for months during coronavirus, yet the lawyer kept racking up the bill somehow and now says I owe $6,000 more. Is this legal? Can the charges rack up even when everything was closed?
Although the lawyers before you provided excellent responses and advice I feel the need to weigh in on this question as it comes up so often in one form or another. First, read your contract. Your contract should spell out exactly what you are to be charged for and what is free. What you will...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.