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Alabama Adoption Questions & Answers
0 Answers | Asked in Adoption and Child Custody for Alabama on
Q: Should we have to jump through dhr hoops if we want custody of children we have been taking care of for 3 years.

We are not real family but have known them their whole lives. We had power of attorney papers but in AL are only good for 1yr. The father (who is in jail fighting a case) gave the power of attorney papers and still wants us to make the decisions for the children. We called dhr to ask about one kids... Read more »

0 Answers | Asked in Family Law and Adoption for Alabama on
Q: Does a woman who’s other children are in DHRs care have the right to privately adopt out her unborn baby?

Can DHR come take the baby from the hospital if the adoptive mom already has an attorney an adoption petition ready,both parents have signed and adoptive mother has power of attorney?

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Is it possible for me to get custody of my daughters sister ?

Now ex old lady was cheating on me. Bringing the girls (2&1) with her to do so lying saying she was babysitting. When she was really there doing drugs. I’ve got enough on her to get full custody of My daughter easily, but her daughter would end up in the system. Her daughter already had her... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on May 14, 2020

Maybe. If there are no other family members that want her or are a suitable placement then, yes you have a shot at getting her also. The fact that you have her sister is also in your favor.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Will it be easy for my husband to adopt my son since birth father isn’t on birth certificate and doesn’t pay for child?

Birth father has never been apart of my child’s life nor is not on the birth certificate, or pays child support. Has never seen the child but once when we did the dna test. My husband whom has been apart of my child’s life and supported him financially and emotionally for 3 and half years wants... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 12, 2020

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... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Can you adopt your stepchildren if the non-custodial parent has been on the run with the law for 2 years?

My husband has sole custody of his children and she has supervised visits through the county. She has not exercised her rights to see the kids since she lost custody. (Dhr took her to court) She has not seen her children in 1 year and 6 months. She violated her probation a year ago and left the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

I'd have to know more facts to be able to express an opinion. However, you probably are ripe for a termination of parental rights petition. Call a lawyer in your area and do it now, before she re-establishes contact with the children.

1 Answer | Asked in Adoption and Child Support for Alabama on
Q: My husband and I have custody of our 3 grandsons. After 3 years now, we want to adopt them. Parents are no longer

Together. Despite the court order 3 years ago, neither has paid any child support nor do they visit regularly. Can this be grounds for involuntary parental termination?

Kristine Jones
Kristine Jones answered on Jul 10, 2019

Hello. Sounds like you need to either file an agreed to adoption (if both parents will consent of course) or a Termination of Parental Rights, settle that, then file your adoption. I suggest seeking an attorney in your area to help you through the process. Best of luck!

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Alabama on
Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 20, 2019

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... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Can I file a petition for custody of a child that is not related to me? She does not want to go back home.

She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2019

Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.

2 Answers | Asked in Adoption and Child Custody for Alabama on
Q: I am a foster kid in Alabama. Except I moved out a year ago and I am now 19. I have my own place and a good paying job.

I have a younger foster sister (who is biologically my niece) still with the foster family I was with. If the foster parents are willing to sign my foster sister into my custody is that the best way to go for her to be with me or is it best to try and do a relative adoption? I'm in Gulf shores al

Kristine Jones
Kristine Jones answered on Jan 31, 2019

Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home... Read more »

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1 Answer | Asked in Adoption and Child Support for Alabama on
Q: Can my x, who is remarried drop childsupport / back childsupport ?

If the new husband adopts the child?

Kristine Jones
Kristine Jones answered on Dec 14, 2018

The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.

Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should...
Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: if parents have given up custodial rights to a distant family member but not parental rights can 1 get it back

and What acts affect this in Alabama and can grandparents still get visitation rights if not

Shane Michael Oncale
Shane Michael Oncale answered on Oct 5, 2018

Yes. If parental rights have not been terminated the parents can always come back and petition the court for a return of custody. It can be a long and difficult process but it is possible. Grandparents can get rights to visitation under a vary narrow set of circumstances exist and may be... Read more »

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: Petition for an adult adoption in Alabama? Child will be 18 and step parent would like to adopt and change last name.

Will be moving to Decatur, AL in December. Child will have just turned 18. Step dad (for 16 years) would like to adopt. Is this a possibly in AL? Any limitations? Thank you.

Kristine Jones
Kristine Jones answered on Oct 12, 2018

A person is a minor until age 19 in Alabama. So it would not be an adult adoption. This sounds like it would be a familial adoption and as long as you and the minor have been living in the same house for 12 months, then you could file for adoption. You would need consent from both biological... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Alabama on
Q: What papers are needed for a dad to relinquish care of his 16 year old to a friend of the family, in Alabama

Friend of family has funds and is ready to take the child into her home! Would be better choice regarding child's future! Father has claimed by phone cal that he will sign what needs be signed!

Kristine Jones
Kristine Jones answered on Oct 10, 2018

Could be adoption or guardianship. You should seek out a family law attorney in your area who can discuss your specific situation and give you complete advice on which option is best for you and the child. Best of luck!

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on
Q: What can be done? How old can a child be to request a name change or adoption? Can we terminate rights?

Bio dad hasn't spoken to him in 1 year. Even after going to court in May he has made 0 effort to call,or text our son. Visitation has not been set up as our judge is making us go to a parenting class. We are being sent to a child first class, however we were.never married, but he's on the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 14, 2018

If he has not supported the child with money, contact or anything else for a period of 6 months or more you can attempt to terminate his rights on the ground of abandonment. The fact that you were not married, etc, is not relevant. If he has abandoned the child you can attempt to terminate his... Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: can we adopt my grandson without mom’s consent.

She voluntarily gave her rights to us almost 2 years ago. Father is deceased. Before this we had temporary custody for a year. Now she wants to be mom. She is allowed to see him 4 hours a week. She never makes the effort to come. We have to take him. Now she’s threatening us for her rights back.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 8, 2018

In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I have a friend that is pregnant and wants me to take her baby after it’s born do we need a lawyer?

Financially I can support the child but don’t have the extra money to hire a lawer

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 6, 2018

You have no idea what a mess you are about to make. The mother retains her rights to the child. What are you going to do when she decides she wants the child back when he or she is about 2-years old? What if the biological father of the child decides the same thing? Have you ever done an... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt

Do I have to terminate the rights of both parents to adopt or can I terminate one. How long should I wait? Its already been two years.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 20, 2018

You don't have to terminate to adopt, but it is often the best way to go. You can show in the Probate Court that the parents have abandoned the child. Two years is plenty. DOn't wait any longer. Either file a petition to adopt without the consent of the parents, or file a Petition in... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: How to go about getting custody if my 15 year old brother

I am 24 married with two kids my little brother that is 15 ask my husband and I if we would get custody of him are parents are separated and are mother said she would sign me her rights... but the question is how do I go about getting my dads rights if he won’t let me.?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 13, 2018

You go to court and prove that the parents are specifically unfit to be parents to the child. THis is called a private custody petition. This has to be done in Circuit Court. YOu need a lawyer.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: My Husband wants to adopt my daughter. what are the steps we need to take

Her "Father" pays child support every once in a while. we never married. He only sees her maybe once a month.

The child support was done through DHR. I have asked him if he would sign his rights over and he always says no. but my daughter doesn't even call him daddy unless... Read more »

Kristine Jones
Kristine Jones answered on May 8, 2018

Adoption and name-changes are two very different things in the eyes of the law. If it's an adoption, then you would need the father to willingly terminate his rights, or file a motion to terminate parental rights. If it is a name change only, then he would also likely need to consent, but it... Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You... Read more »

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