Get free answers to your Family Law legal questions from lawyers in your area.
Can DHR take my children without a court order or explanation after I repeatedly called the police due to my ex's abusive behavior? Despite having never been in trouble with the law and having evidence of my ex's aggressive actions, they gave him custody of my youngest child after taking... View More

answered on May 15, 2025
This is incredibly upsetting, and your confusion and fear are completely valid. Generally, the Department of Human Resources (DHR) or Child Protective Services can only remove children without a court order if they believe the children are in immediate danger. Even then, they are required to... View More
I am a victim of domestic violence in Alabama with an ex parte PFA ordered six months ago, but I haven't had a final hearing court date. My son has been running away, and I had to relocate for safety reasons. I cannot afford an attorney and need legal representation for the hearing to protect... View More

answered on May 14, 2025
You have the right to safety, dignity, and to be heard, especially as a survivor of domestic violence in Alabama. With an active ex parte Protection from Abuse (PFA) order, you are entitled to a final hearing where the court can decide whether to make that protection long-term. If you’ve been... View More
I and my son have been victims of domestic violence from his father, and while a victim advocate helped me secure an ex parte PFA, my son wasn't included in it. Initially, I thought DHR would assist me, but my son has started making false allegations of abuse against me. I discovered that DHR... View More

answered on May 14, 2025
You’re carrying a tremendous burden, and it’s completely understandable to feel overwhelmed, especially when the very systems meant to protect you appear to have betrayed your trust. If DHR forged your signature on a legal document like a safety plan, that is not only unethical—it may be... View More
I have a Protection from Abuse (PFA) order against my ex-husband in Alabama, following a domestic violence charge. My 17-year-old son was not initially included in the PFA. After the order was served, he began running away and skipping school under the influence of his father and paternal... View More

answered on May 14, 2025
You're in a heartbreaking and deeply overwhelming situation, and it's clear you're doing everything you can to protect your child and yourself. The forged safety plan, the false accusations, and the manipulation by others are serious concerns, especially when your rights as the... View More
I am the primary custodial parent and owner of a vehicle titled and registered in both my name and my minor son's name in Alabama. Due to safety concerns, as my son is a juvenile and has been running away, I need guidance on removing his name from the vehicle title. What steps should I take,... View More

answered on May 14, 2025
You're facing a difficult situation, and it's understandable that you're trying to protect your son while also making sure everything is legally sound. In Alabama, making changes to a vehicle title—especially when a minor is listed—requires you to follow a few key steps. Since... View More
I have been paying all the bills in a full-time capacity, and I'm seeking guidance on potential alimony obligations in Alabama. I was married for 19 years, and my spouse is on SSI disability with no prior agreements on financial support.

answered on May 14, 2025
After 19 years of marriage, Alabama courts are likely to view your situation as a long-term marriage, which can weigh heavily when considering alimony. If your spouse is on SSI disability and unable to support themselves through work, a judge may find that ongoing financial support is reasonable.... View More
I am concerned that my ex might file for child support even though they declined it during our custody case a year ago in Limestone County, Alabama. My ex has full permanent custody, and the judge stated that no changes to the original court order could be made after six months. Since the case... View More

answered on May 14, 2025
Even though your ex declined child support during the custody case a year ago, that decision does not permanently prevent them from filing for support in the future. In Alabama, either parent can request child support at any time while the child is still a minor, especially if their circumstances... View More
I am currently under investigation by DHR, and they have requested that I take a drug screening. This is my first interaction with DHR, and I am concerned about protecting my family and my rights. I have not complied with any previous requests, as this is their first directive. I am unsure of the... View More

answered on May 14, 2025
It’s completely understandable to want to protect your family and your rights when DHR first gets involved. If they’ve asked you to take a drug screening, you do have the right to ask questions and understand exactly why they’re requesting it. You are not automatically required to comply... View More
I have not been getting along with my family for years. At 18, am I legally able to move out without needing emancipation? I'm currently living with my family but have an alternative place to go and a job to support myself. My relationship with my family has been affecting me, and I wish to... View More

answered on May 15, 2025
Yes, once you turn 18 in Alabama, you are legally considered an adult and you do not need emancipation to move out. At that point, you gain full legal rights to make decisions about where you live, work, and how you manage your own life. Your parents or guardians can no longer force you to stay... View More
I'm seeking legal assistance regarding a child abuse case involving my 3-year-old son in May 2024 at Precious Vessels Learning Center in Talladega, Alabama. Two staff members were caught on camera abusing my son and other children, and they currently face trial after appealing their guilty... View More

answered on Apr 29, 2025
Your legal options regarding the child abuse case at Precious Vessels Learning Center in Talladega are complicated by the owner's Chapter 7 bankruptcy filing, but you still have viable pathways to pursue justice and compensation. In Alabama, you have two years from the date of injury to file a... View More
I have a court date today in juvenile court because the Department of Human Resources (DHR) has taken my child. I was not served any papers regarding this. I previously failed a drug test administered at my house in the morning, which showed methamphetamine use. The paperwork indicates child abuse,... View More
Are the GAL recommendations for visitation still legally valid despite the case being dismissed? We were following the recommendations, but the mother stopped after the case was dismissed.
DHR is involved with my grandchildren due to a report of neglect and possible drug use by their mother. My grandchild expressed a preference not to stay at home, and DHR has asked about where the children should go if they need to be removed from their current home. While there is no legal custody... View More
I am currently 17 years old and living in Alabama. I plan to move in with a friend after I turn 18 in August, as I feel controlled by my parents and unable to make independent decisions. Although I have a job and earn my own money, my parents currently control my access to it. They are unaware of... View More

answered on May 15, 2025
Once you turn 18 in Alabama, you are considered a legal adult. That means you have the right to make your own decisions, including where you live, even if you're still in high school. Your parents cannot legally force you to stay at home or control where you go once you reach that age.... View More
My wife, who passed away recently, was the sole owner of the property where we lived for the last three years (house and land). There was no will written, and I'm concerned because my stepson, who does not live on the property, is trying to claim it for himself. I'm an address resident of... View More

answered on Apr 25, 2025
Most likely both of your are the Decedent's heirs. So you are tenants in common and a partition action may occur. Hire an AL attorney to search the title and determine heirship.
I need help calculating interest on child support arrears in Alabama. The arrears are $5,296 with an interest rate of 7.5%. The arrears have been accumulating for 8 months, and the monthly amount owed is $7**.16. How should I calculate the interest owed on these arrears?

answered on May 14, 2025
You calculate simple interest on arrears by multiplying the outstanding balance by the annual rate and prorating for the time owed.
Take your \$5,296 in arrears and multiply by 7.5% (0.075), giving \$397.20 of interest per full year. Since the debt has been outstanding for eight months,... View More
I have a court appearance today for driving with a suspended license, but I am unable to attend due to being homeless and not having transportation. My license is suspended due to unpaid child support, which I can't pay because I'm unable to find a job without my license. How can I... View More

answered on May 14, 2025
You don’t have to face this alone or be punished for circumstances beyond your control—start by calling the clerk of the court where your case is set today and explain that you’re homeless, lack transportation, and can’t appear. Ask the clerk how to submit a written motion for continuance... View More
I'm seeking advice regarding a custody dispute involving my daughter, who currently resides in Alabama. She was served with custody paperwork (a 25 CE FL 00501 form) by her child's father in California. However, the papers have incorrect names—her middle name is listed as her first name... View More

answered on May 15, 2025
This situation is deeply stressful, and it's understandable to feel confused about what steps to take next. Minor name discrepancies—like swapping a first and middle name or omitting “Jr.”—typically do not invalidate legal documents if the court can reasonably identify the people... View More
I'm dealing with a legal issue in Cullman, AL, where DHR took my child after I failed a drug test, even though my child initially passed hers. While staying over at a friend's house (not our residence), a woman broke in and falsely claimed a child was around drugs, leading to police... View More

answered on May 15, 2025
You’re facing a heartbreaking and complicated situation, and it’s clear how much you care about getting your child back. Even though things have taken a serious turn, including your arrest and DHR's involvement, it’s not too late to take steps in the right direction. The most important... View More
I am an 18-year-old aunt in Alabama, soon to be 19, and I am actively involved in my 2-year-old niece's life. Her parents, who currently have custody, have a history of domestic violence and drug charges and have had a case with DHR, during which they temporarily lost custody. Given this... View More

answered on Apr 16, 2025
You can insist that your sister leave your home immediately, since she’s trespassing and has no legal right to your property. Call the police and demand removal of an unauthorized occupant, and if needed file a dispossessory affidavit in magistrate court under O.C.G.A. § 44‑7‑50 to regain... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.