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Alabama Child Custody Questions & Answers
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
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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.

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 Child Custody for Alabama on
Q: What can I do if I am pro se and the opposing party has an attorney but has not responded to by Consolidated discovery?

Personally dropped off my answers/responses to their consolidated discovery along with my request. They are trying to hold me in contempt for visitation but will not show me any evidence they have.

I am aware they received everything because of comments made from other side but still have... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 3, 2022

If you properly filed the discovery, and also filed the notice of discovery with the Court, then you should write them a letter and ask that they answer. If they don't respond within 10 days -- and you have both provided discovery and filed a notice of discovery -- you should file a motion to... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Why would my court papers from Alabama, have sample for. On left hand corner
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

There are some sample forms available on the Alabama Administrative Office of Courts website, as well as appendices to the Rules of Court that have sample forms. It is quite possible that one was used for whatever document you are referring to.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Can they keep my kids away from me

I left my boyfriend 4 months ago cause of domestic reason. We have 3 kids together. We were living in Jackson Al when this happened. He left and went to fort Payne Alabama with the kids . He hasn't let me get them or see them since and I've tried.. well now he's locked up in Cherokee... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 10, 2022

You have a hot mess here. You have to get into Court on this and file an action to establish paternity and custody. He is violent and you have been to jail for drug use. Find a lawyer you practices in your County and get this before a judge... the sooner the better.

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Should I file a missing person report and put up fliers around town on behalf my 10 yr son?

I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Im ordered to pay child support to my kids grandmother, but they have never lived with her. Is it legal?

She gained temporary custody in 2010, but they have never lived with her. They were with their father and kept away from me. He passed away in July and now they live with me. She’s used them for benefits for child support, welfare assistance and food stamps be because of the custody order and... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: I am 18, in highschool graduating in May, I turn 19 in July. Can I move in with my sister to finish highschool without

My parents permission? Ive wanted to move out for years due to the way my mother has treated me. My siblings all got out as quick as they could because of the way she treats us. She is unfit to raise any child and the only reason i never moved out sooner is because the legal process would be long... View More

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Divorced Child support/family court:

I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... View More

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Alabama on
Q: Can my boyfriend leave at 16 in the state of alabama without parental consent?

So, my boyfriend is 16 and i’m 17. we are currently expecting a baby. his parents are not supportive. they’ve took away all his belongings and made him sleep on the floor in their room. we aren’t aloud to talk unless it’s at a doctors visit. his grandparents have full custody of him but he... View More

0 Answers | Asked in Family Law, Criminal Law and Child Custody for Alabama on
Q: Cps is involved but if I sign my parental rights over to a family member does that mean CPS has to close that case

If the parent signs right over to family member how long before that family sigh rights back

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: I need to file for temporary custody of my daughter how do I do that

My husband is very abusive and I'm trying to find out how to get emergency temporary custody of our daughter so that I can leave him

0 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: if you agree on not having a custody agreement is it mandatory in divorce ?

Me and my wife are getting a divorce but we will handle everything with our son on our own , is it mandatory to have it in the divorce decree ?

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Can a man not on the child's birth certificate say he is the father because he has baby sat them after they were born?

My husband's is on our daughter's birth certificate. We were married before she was born. An "alleged" father has baby sat our daughter and now assumes he is the father. He has sent me a legal civil summons. I do not understand how he has any legal claim.

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