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

The answer as I often find myself telling people is that anyone can do anything they want too...However, the real question is will he be held accountable. I assume that the same Order that gave him custody gave you custodial rights or at the least visitation. The Order will tell you what your... View More

The issues involved in your situation are much to complex to analyze in a quick answering on a website. You need to seek out and get a consultation with a practicing attorney in the area where your case will be heard. So much of this type of law is based on the decision making of one person, the... View More

Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her... View More

Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the... View More

Your instinct on this is absolutely correct. It is up to her to keep her banking information current with Alabama Child Support Collection. They can also send her a debit card that does not use her bank or a check and she can then do what she wants with the check. You can pay direct if you... View More

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... View More

If he wishes to reduce or eliminate child support he will have to file a petition seeking that relief with the court that ordered him to pay or it will continue to run up as an arrearage. Given the fact that he is incarcerated a court could hold that he is not entitled to a reduction in child... View More

No a step parent adoption in the case of a willful relinquishment of custody or proof of abandonment is provided for under Alabama law. What surprises people the most is the fact that the father must be notified, give his consent or have an opportunity to appear in court and contest the... View More

These are the kind of situation I hate because the explanation never seems to suit common sense. Common sense would seem to dictate that with what she is provided she is more than "self sufficient" but most of the time the outcome turns on the smallest of things. Is she on the... View More

Well you have lucked upon one of the few things in Alabama for which there is a form. Follow this link .https://eforms.alacourt.gov/media/gmjkzski/affidavit-for-termination-of-withholding-order-for-support.pdf

I would file it with the court sometime in May.

Once a child support order is entered it remains in effect until withdrawn or modified by a court. Each payment is due at the time it becomes due and becomes an enforceable debt. When your son came to live with you you could have gone to court to cut off or modify your child support obligation... View More

I do not know if you are in Alabama or not and that would be a considerable factor as I am not licensed in LA or elsewhere and cannot give you advice on how the matter may be handled in other states. You need to consult an attorney in the state where the soon to be child and mother are located.... View More

Yes, a private party dependency petition can be filed. Once filed DHR can join in the proceedings or opt out.

You can certainly involve the court in enforcing the rights you do have and perhaps petition to expand those rights. The issue of grandparent visitation is very controversial and subject to many constitutional challenges. Most judges and the legislature take an expansive view but the statute that... View More

Contact DHR in your jurisdiction. If a child support order was in place and he has not paid then he will owes and a judgment can be entered against him and collection activity commenced.

The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... View More

I agree with what is set forth below. I will also note that she will owe the back child support (the amount she has not paid) plus interest. This is definitely worth seeking the services of an attorney to pursue. In many jurisdiction, if it can be proven that she had income and just choose not... View More

Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.

In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than... View More