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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law and Adoption for Alabama on
Q: I have two kids from a previous marriage who are now 15 and 17. My husband of 6 years wants to adopt them

I have two kids from a previous marriage who are now 15 and 17. My husband of 6 years wants to adopt them But I’m pretty sure their biodad won’t consent. We live 580 miles away and he rarely makes contact. He hasn’t paid child support in years. We are in Alabama and he is in NC. There was a... View More

0 Answers | Asked in Family Law for Alabama on
Q: If I want to change my adopted name back to birth name
0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Can I force my ex-husband to receive our children by a certain date?

My child's father refused to give medication to my child so I filed an emergency motion to suspend visitation. He then decided that he would give him the medication so the motion was dismissed. This situation took three months to resolve. Now our custody time is out of order and he is refusing... View More

0 Answers | Asked in Family Law and Domestic Violence for Alabama on
Q: I live with my boyfriend in a house he owns. I want to file a pfa due to him physically abusingme and threatening me

We have lived together for 2 and 1/2 years. The first two years we lived in a home that he moved in with me and then I moved in with him about 6 months ago. I have no income other than help from family and friends at times. I am in the middle of appealing SSA disability. I am terminally ill with... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: What can do if in court papers that dhr lied about you and others in court documents

In my daughter court papers that she went to court on for her youngest daughter dhr lied about me and my husband and I want to know what I can do about it

0 Answers | Asked in Child Custody and Family Law for Alabama on
Q: How to regain custody of a special grandson since his bio parents lied on the agreement for me to give him back

We had custody of him since birth. He's 27 but special needs. My husband passed away, so my son and daughter in law said they wanted him back to help me. We signed the agreement but they have lied about what they were to do and how he is supposed to be taken care of. He is in danger now... View More

0 Answers | Asked in Family Law for Alabama on
Q: I was married in alabama I was under the influence, she lied about being pregnant we cohabitated annulment possible?

She couldn't get pregnant , never lived together at all

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 Criminal Law, Family Law and Constitutional Law for Alabama on
Q: Falsely arrested and gun was unlawfully taken no right read to me was shoved into the cop car with known panic disorder

I was falsely arrested after hearing someone had been touching my underage cousin, I told the man accused of it to get off my porch, he screamed in my face and so I pushed myself past him.this man has also been creeping around my window when I have a date with someone trying to listen to us (which... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to consult with a legal professional who can review the specifics of your case. If you don't have the means to hire a private attorney, accepting a court-appointed lawyer is a viable option to ensure you... 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 Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

Anthony M. Avery
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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jun 4, 2024

I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is... View More

1 Answer | Asked in Family Law, Libel & Slander and Probate for Alabama on
Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."

Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More

James L. Arrasmith
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answered on Jun 5, 2024

To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Alabama on
Q: My ex and I divorce was finalled on 03/13/2024 and she is refusing to share how she filed on her taxes.

I understand that this year we would file Married and Filing separately even though we were married at the end of 2023. She filed single and separate and claimed both kids. I was under the impression that she was at the very lease suppose to file married and separate.

James L. Arrasmith
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answered on Apr 15, 2024

I'm sorry to hear about your divorce and the difficulties you're facing regarding your tax filing. It's understandable that you have concerns about how your ex-spouse has filed her taxes. Based on the information you provided, here are a few important points to consider:

1....
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1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How long do you have to start settling someone's estate
James Blount Griffin
James Blount Griffin
answered on Apr 9, 2024

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

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