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Alabama Adoption Questions & Answers
0 Answers | Asked in Adoption and Divorce for Alabama on
Q: While going through a divorce I adopted a child. Does my ex have legal rights?

Their name is not on the certificate only mine.

0 Answers | Asked in Adoption and Family Law for Alabama on
Q: Are preplacement or post placement investigations required by Mobile County Probate Court for stepparent adoptions?

Mother already has full physical and legal custody, so placement is not affected. The law seems to leave it up to the discretion of the court itself. In accordance with the new updated Alabama Adoption Code of 2024 in Mobile County Probate Court specifically.

0 Answers | Asked in Criminal Law, Family Law, Adoption and Child Custody for Alabama on
Q: I have a friend pregnant and on drugs. She has someone willing and ready to adopt the baby when it's born.

Will she be able to avoid criminal charges of chemical endangerment if she adopts her baby out before the birth?

0 Answers | Asked in Family Law and Adoption for Alabama on
Q: My adoptive parents kicked me out, changed my social media password went through it and won’t give it back. What to do?

I was kicked out 2 months ago by my adoptive parents. I was kicked out for no reason randomly one day and all they let me take was a suitcase. It took a week and a half for them to let me come back and get my things which was hard enough as it was seeing as they had packed everything up in boxes.... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve

Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.

Don Oliver Keene
Don Oliver Keene
answered on Nov 22, 2023

So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption.... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: Can I adopt my stepdad as my legal father?

My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate... View More

T. Augustus Claus
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answered on Nov 1, 2023

The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure.

Unfortunately, due to the...
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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 for Alabama on
Q: I live in Marshall County Alabama. I’m 63. I was wondering if it was legal for me to adopt my 46 yr old stepdaughter.
T. Augustus Claus
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answered on Aug 4, 2023

Generally, adult adoption is allowed in many states, including Alabama.

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: The father of my child left us in the hospital. He never reached out and never signed a birth certificate. She’s 4 now,

My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage?

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your... 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 Family Law and Adoption for Alabama on
Q: My step daughter was adopted by her moms husband can they changer her last name to his?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

The short answer is, "yes." If the child was adopted, a name change could have been done during the adoption process.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: Will my adopted children factor into the amount of c.s. I pay to my paternal children in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I'm trying to find the petition for withdrawing of adoption

I have gave my cousin my twin daughter because of her son got shot by an officer that same year and she never had a daughter. And I had to get myself together and stable. And she asked about an adoption but I wasn't fully educated on it until now. I thought my me giving her to family I would... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You would receive notice of an adoption if your parental rights have not been terminated. If you receive notice of an adoption, you can file an answer objecting or not consenting to adoption. If there is not an adoption pending, and she was given legal custody by a court, then you can file a... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Where to file adoption paperwork

I relocated w children. I had court & other parents permission. It’s now been 3 years and my husband wants to adopt the children we would file in the state where we currently live correct since the child visitation case in Florida has been closed since we moved…

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 9, 2022

YOu file the step parent adoption with the probate court in the county in which you live.

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... View 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... View 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... View 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... View 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!

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