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Alabama Child Custody Questions & Answers
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.

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: should a person have an attorney present for visitation rights?

can a persons mental status (schizophrenia) play a major role in what a judge decides?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My mom has my kids I pay child support and she won't let me see them what do I need to do
Kristine Jones
Kristine Jones
answered on Feb 21, 2022

Hello, thanks for your question. It depends on facts that are not listed in your question. You can file for visitation, modification, and maybe contempt if you've already been given visitation in an order. Anything filed would be on the Court where the last order was issued. Best of luck!

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: My son filed for visitation to see his daughter, we received a letter saying notice of no service (returned not found)

what does returned not found mean? he went and gave another address (the school the mother attends). what can be done if she's not served this go round? she live at the address that was given....I'm so confused

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: I'm a maternal Grandmother and had custody of two of my Grandsons since birth. They said I was neglecting and endangerin

The boys and I were a quarter mile away from home in a parked vehicle. I was told I was neglecting and endangering thier lives. I've had no contact in over a year. Thier mom will not complete the program to get them back. How can I get them home?

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: I have NO access to any money. My husband works fulltime and now wants a divorce how would I go about getting legal help

My husband and I have been married ten years and together 13. He is now wanting A divorce. We have A new 10 month old son and A 14 year old son( not his biological but he has been his dad since he was 2) I am A homemaker and he works fulltime. I have NO access to any of our money and I don't... View More

0 Answers | Asked in Family Law, Tax Law, Child Custody and Child Support for Alabama on
Q: If The Parent Has The Child…Can The Parent File The Child On There Taxes

Because The Mother Think Just Because She’s The Mother she Can Do That

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More

Philip D. Cave
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answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... View More

Kristine Jones
Kristine Jones
answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... View More

1 Answer | Asked in Child Custody for Alabama on
Q: I just found out that my childs mother was arrested in Alabama for chemical endangerment of a child × 4.

My son is 6 years old and his mother and I weren't married but I am on his birth certificate as his father. She moved him to Alabama and ceased all contact with me almost a year ago. I just found out my son was taken by the state of Alabama and put into foster care when she was arrested. I was... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 24, 2021

Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 1, 2021

There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.

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1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Moving Child Custody Case to Alabama from TN

I relocated to Alabama in June 2019. My custody papers were finalized and filed in TN. My ex is now relocating to Alabama from TN and has requested a modification of custody time and support. I am in agreement with the change in time, but he is also stating that his job will cease in a few months... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mother of my 11 year old son lied and claimed another man on birth certificate. Do I have rights?

I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Does Alabama have rights for an aunt if the mother dies?

So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My child's father has not been seen since I was 2 months pregnant.

He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 27, 2021

It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.

The key...
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1 Answer | Asked in Child Custody for Alabama on
Q: I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian

She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jul 15, 2021

It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good... View More

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