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Alabama Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: What steps can i take to enforce the current court order to have him follow it?

The custodial parent is not following the court order, and i have tried to talk to him in regards to this but he always just says have your laywer talk to mine which his lawyer never returns calls

0 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My ex-husband and I both live in Alabama and he has sole custody of her children but our oldest daughter who is 16 years

February of this year. Because the day before her 16th birthday I picked her up from her father's house and had planned on taking her the following day to get her driver's license. Because he wouldn't be able to because he had too much going on. Well later on that day he asked me to... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: My daughter's best friend had a baby when she was 16 now 17. Great mom! Her parents are keeping her kid from her.

It's her step mother and father. The step mother is like the one from Cinderella. They use the baby to threaten her so she does what they want. They tell her she can't take him anywhere. They called her while she's at school today and told her not to come home and that she's not... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: How long can a case stay open if only the initial drug test was positive in a year?

My case started when my daughter had one more absence than allowed. My husband takes a prescription that he listed when screened. They marked it as failed and then dhr came. He has been on a no contact order for a year with only 2 visitation days a week for 2 hours, and the visits have to be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

T. Augustus Claus
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answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do i prevent my daughters paternal grandparents from getting full custody? Who is the burden of proof on?

I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Do I have to answer interrogatories
T. Augustus Claus
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answered on Jan 19, 2024

In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
T. Augustus Claus
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on
Q: I have an question about DHR system about sleepover and head of house two thing

My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I have questions my child father basically sees my kids when he wants to & when he asks to see them and i decide not to

He tries to call the police who do i talk to for this problem ?

James L. Arrasmith
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answered on Dec 11, 2023

In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Should I, the defendant in a child custody case ,cease contact with the plaintiff
T. Augustus Claus
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answered on Nov 30, 2023

In general, it's best to avoid contact with the plaintiff in a child custody case if you can. This can help to reduce conflict and make it easier to resolve the case. However, there may be some cases where it's necessary to have contact with the plaintiff, such as to exchange information... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for Alabama on
Q: My children in Foster Care& my husband in Jail over fabricatioed lies .

Officer & dhr plan for our

family due to me threatening the

Sheriffs office over Officer

mistreating my son. My husband

had a prior PI they thought it

would work. my husband is a

recovering alcoholic however he’s

a loving caring devoted... View More

James L. Arrasmith
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answered on Nov 12, 2023

I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your... View More

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 Family Law, Child Custody and Probate for Alabama on
Q: If aunt lives in Alabama, parents and minor live in Georgia where would they file for guardianship of the minor?

Parents would consent

T. Augustus Claus
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answered on Sep 12, 2023

In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is... View More

1 Answer | Asked in Child Custody, Libel & Slander and Family Law for Alabama on
Q: i am a defendant in a frivolous defamation lawsuit. what can i do to get it dismissed

We have a child custody case to which we created a GoFundMe to help with the attorney fees. It hasn't garnered much money but everything helps as this has gone on for almost 5 years. The spouse of the mother of the children has filed a lawsuit against me and my son for defamation for stating... View More

P. Vaughan Russell Jr.
P. Vaughan Russell Jr.
answered on Aug 3, 2023

Unfortunately, you will probably not be able to have the lawsuit dismissed immediately.

The individual claiming defamation does not have to be specifically identified by name in order to have a defamation claim. Whether this person has a colorable claim for defamation depends, at least in...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can I take my child across state lines without my husband's consent? We are married and have no court custody order

We are married. My husband has been having some issues with substance abuse and I want to take our child to my aunts house in another state for a while, while hopefully my husband gets clean. But I would need to go without telling him or he wouldn't let us go, but I feel it would be safer for... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

No. With no custody order in place, you are free to travel within the United States with your child without the consent of your spouse.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My 17yr old wants to live with me (father) and not their mom. Mother says she wants her to come back but child refuses t

I live in AL mother lives in GA

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

It sounds like you are in a difficult situation here. Unfortunately, we do not really have enough information here to really help you with this question. Some important context would be like whether or not there is a custody agreement or plan in place, and where was that plan ordered, in Alabama or... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How do I obtain a list of mental health providers names from the opposing party Lee county Alabama

I have requested a signed HIPPA release form for all mental health providers, I have also requested the list of providers through a request for production

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

That’s more properly the subject of an interrogatory than a request for production.

If no such list already exists, a request for production does not require one to be created.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: is it illegal for me and my girlfriend to run away out of the country im 16 and she is 14. if so how much trouble would

we be in?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 24, 2023

The short answer is that you would be in a world of trouble. You and she are both minors, and cannot yet be emancipated -- that is seen as adults-- because of your ages. You are barely outside the limits of the age difference that would make having sex with your 14 year old girlfriend illegal. If... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school.

My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school. She was getting ready for work and asked her 8yr old to fill her water bottle from the water purifier in the fridge. She had a bottle of clear alchol in the refrigerator and the child... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 30, 2023

I think she should sit tight. If her facts are as she states, and she can convince a judge of that, she won't have a problem. What was the "clear alcohol?" If it was gin, it makes sense.

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