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Questions Answered by Shane Michael Oncale
1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Alabama on
Q: Grounds for termination of parental rights?

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

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 16, 2023

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

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

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

Shane Michael Oncale
Shane Michael Oncale
answered on May 18, 2023

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

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

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

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 30, 2023

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

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

Prenup says he will pay housing for us for 3 years if divorced, but refuses and we are now homeless. Final judgment says nothing of prenup .

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 14, 2023

The scenario you presents does not make any sense. If you had an executed prenup it should have most certainly been introduced and been part of any divorce. There are some facts and circumstances missing from what you are saying. I would suggest you consult with an attorney (possibly the... View More

1 Answer | Asked in Child Support for Alabama on
Q: Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties

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.

Question:... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 24, 2021

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

1 Answer | Asked in Child Custody for Alabama on
Q: I just found out that my childs mother was arrested in Alabama for chemical endangerment of a child × 4.

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

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 24, 2021

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

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

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

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 1, 2021

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.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mother of my 11 year old son lied and claimed another man on birth certificate. Do I have rights?

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.

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

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

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Moving Child Custody Case to Alabama from TN

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

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

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

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Civil Litigation for Alabama on
Q: What is the law when it comes to separation before divorce in AL? Can you move out immediately?

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

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 13, 2021

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

1 Answer | Asked in Child Custody for Alabama on
Q: I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian

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

Shane Michael Oncale
Shane Michael Oncale
answered on Jul 15, 2021

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

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

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

Shane Michael Oncale
Shane Michael Oncale
answered on May 4, 2021

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

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1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale
answered on Feb 13, 2021

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

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

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?

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

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1 Answer | Asked in Divorce for Alabama on
Q: How can I make my husband pay me while going through a divorce? He recently put me out of the house and filed.

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

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 18, 2020

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

1 Answer | Asked in Child Support for Alabama on
Q: Just found out husband has 17yr old, will back support be ordered?

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

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 10, 2020

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

1 Answer | Asked in Family Law for Alabama on
Q: My ex-husband will not give me permission to leave the state with his children.

My children are 13 and 15. At what age can my children decide which parent they want to live with?

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 26, 2020

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

1 Answer | Asked in Divorce for Alabama on
Q: Hello, My question is there a status of limitations on child support in the state of Alabama? my kids are adults now.

There was a court order when the divorced was final.

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 17, 2020

There is no statute of limitations on the collection of child support. Each monthly payment in automatically considered reduced to a judgment as it becomes due.

2 Answers | Asked in Child Support for Alabama on
Q: My son just turned 19 and attends college. He does not work at this time. Is my x still obligated to pay child support
Shane Michael Oncale
Shane Michael Oncale
answered on Sep 8, 2020

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

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: The judge gave us 50/50 custody of our son. She wanted us to have him stay in the marital home, and each of us rotate

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

Shane Michael Oncale
Shane Michael Oncale
answered on Aug 31, 2020

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

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