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Alabama Child Custody Questions & Answers
1 Answer | Asked in Child Custody 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

0 Answers | Asked in Child Custody for Alabama on
Q: In Alabama if a child is instructed to do something by a court order is the school admin allowed to interfere?

If out of state parent has a court order is the school administration allowed to penalize the student for absence in school events, although the absence was excused by a court order?

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

0 Answers | Asked in Libel & Slander, Criminal Law, Family Law and Child Custody for Alabama on
Q: The Friday we went to court I had to get a court appointed lawyer & she didn’t speak up when the fabricated slanderers

I had called 911 3 x about our son driving while drinking. Officer Jerry or Terry Thomas apprehended our son & my husband at a gas station in McCalla on eastern valley rd & had the Camry towed, Video surveillance is available to confirm this. He did not read rights nor say you are under... View More

0 Answers | Asked in Civil Litigation, Criminal Law, Family Law and Child Custody for Alabama on
Q: No warrant , Miss Foy took my kids & told the officers to arrest my husband. This is a continuing from last submission

On October the 19th the boys where home to go to the doctor & Miss Foy & a lady along with cops came to the she stated blood was on my mouth, I had a fever blister along with my nose has rosacea. The cop arrested my husband & miss Foy took our boys. Our boys stated that Miss Foy was... View More

0 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Alabama on
Q: Concerning the FABRICATED Shackleford Case in Jefferson COUNTY .domestic violence charges fabricated & kids foster care

Concerning the FABRICATED Shackleford Case in Jefferson COUNTY .How much is a day of someone’s life worth? P My family is suffering while the fabricators are going home to their families. My husband is innocent & my kids are in Foster Care. The DA has changed the charges several times on my... 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.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: If I have sole physical custody and joint legal custody would I be allowed to move out of the state with my daughters ?
Scott Frederick Levin
Scott Frederick Levin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2023

Depending on the exact wording of your divorce decree, it is possible.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I have a 2 year old son in foster care and I'm having/had problems with the social service system and things pertaining

Paperwork is not explained and pops up

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

You should visit the Clerk's Office at the courthouse in your county and complete an Affidavit of Substantial Hardship requesting that an attorney be appointed to represent you. If you qualify based on income, the juvenile judge will appoint an attorney to represent you. You could also contact... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If my son's father is on his birth certificate, what rights does he have pertaining to custody?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: Can I give my child my husbands last name without giving him rights to my child?

I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy.... View More

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

If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.

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