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Alabama Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Civil Litigation for Alabama on
Q: Can I pick up my children from school on my weekends?

I have partial custody of my children every other weekend, as per a court order. Recently, I have been unable to see them because their mother has blocked my attempts to communicate, claiming that I am dangerous, even though there is no legal finding or restriction against me. This has been... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Can a 17-year-old's mother prevent him from seeing his child in Alabama?

In Alabama, my 17-year-old boyfriend's mother is trying to prevent him from being involved once his baby is born. What legal steps can he take to ensure his parental rights are protected after the baby is born? Is it possible for his mother to legally prevent him from seeing his child?

0 Answers | Asked in Child Custody and Gov & Administrative Law for Alabama on
Q: Is a temporary Florida parenting plan valid under UCCJEA if the original order is from Alabama?

My initial court order is from Alabama, but a judge in Florida wrote a temporary parenting plan and time-sharing with a minor. The father violated an injunction in Florida and was incarcerated. Can you please advise on whether the temporary order in Florida is valid under the UCCJEA, considering... View More

0 Answers | Asked in Child Support, Child Custody and Family Law for Alabama on
Q: How can I ensure consistent child support without court orders in Alabama?

I have full-time custody of our child, but there are no formal court orders for child support. The other parent picks and chooses when he wants to see our child. I've tried discussing child support with him, and he paid one time but then regularly has excuses for not being able to contribute... View More

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: How can I live with my father after probation if grandparents oppose?

I am 14 years old and currently under joint custody between my father and maternal grandmother. I live with my grandparents, who don't have legal custody, and wish to move in with my father after my probation ends on June 19. My father supports this decision and has been clean from substance... View More

0 Answers | Asked in Child Custody and Civil Litigation for Alabama on
Q: How can I move to live with my father after probation with joint custody issues?

I am 14 years old, and my probation ends on June 19. My father has joint custody with my maternal grandmother, but I currently live with my grandparents, who do not have legal custody. I wish to live with my father after my probation ends, and he supports this decision. However, my grandparents are... View More

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: Can I care for my fiancé's kids while he's in jail without legal guardianship?

Can I keep and care for my fiancé's children while he is in jail? I am not biologically related to them, nor do I have legal guardianship. However, I am listed on their doctor's and school's paperwork. I am their future stepmother, and I believe I have an informal agreement with... View More

0 Answers | Asked in Employment Law, Child Custody and Criminal Law for Alabama on
Q: Is it illegal for employer to penalize for court absence?

I would like to know if it is illegal for an employer to penalize me for missing work due to a court appearance related to a custody battle or a criminal case against me. My employer was informed but there aren't clear written policies regarding such absences.

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: Will a judge approve custody modification if parents and child agree?

Will a judge sign off on a custody modification if both parents agree to change the custodial parent from the mother to the father? The child is 16 and wants the same, which involves changing schools. There is a current court order in place, but no document has been signed for the modification yet.... View More

0 Answers | Asked in Child Custody, Family Law and Domestic Violence for Alabama on
Q: What are the legal issues of leaving with my children before seeing a lawyer?

I have twin minor girls with my husband of 15 years. He has been a controlling narcissist, and his behavior is causing anxiety for our children. I want to leave because things are escalating, but I have no access to my own money, and I earn a little over $600 a month. I managed to find somewhere to... View More

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: Can we seek custody due to ex withholding visitation and false claims?

My husband has a 6-year-old son with his ex-wife, who currently has custody, while we have visitation every other weekend. The ex-wife has withheld visitation on multiple occasions, including a recent incident where she physically removed the child from our car, citing that our structured... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How can I gain custody or visitation for my daughter in Alabama after losing custody?

When my daughter was one year old, I lost custody while I was in prison due to a drug problem. A family promised to return her but used their connections in DHR to gain custody while I couldn't attend court. My daughter, now 14, contacted me, and we communicate daily. There have been no... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Alabama on
Q: Can aunt adopt child if one parent keeps rights in AL?

I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What do I do when I have contacted everyone for a pro bono lawyer but there is none a available how do I get One help me
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

An Alabama attorney would know best when it comes to local resources, but your question remains open for two weeks. One option is to look into legal aid organizations. There is a Legal Aid Society of Birmingham. That's not immediately local to Madison, the region in your post, but it's... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?

Hello my son's father is trying to avoid paying child support and he has received a settlement check but I believe that he put the check in his wife's name or another family members name. I would like to know if I can pay an attorney to find information on the settlement and verify that... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 28, 2024

Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the... 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

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