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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Could the mother regain custody of the children after 5.5 years out of contact?

I have been engaged to my fiancé for six years, and during this time, we have been caring for his three daughters from a previous relationship. The children's mother and her partner struggled with drug issues, and 5.5 years ago, they left the children with us for their wellbeing. Although I... View More

James L. Arrasmith
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answered on Apr 11, 2025

Your situation is heartbreaking and complex, especially with so much responsibility falling on you and your fiancé for so long. Because there have been no formal custody proceedings, the mother may technically still have parental rights. However, her long absence, history of drug use, and lack of... View More

0 Answers | Asked in Child Custody, Family Law and Domestic Violence for Alabama on
Q: How can I have my aunt in Virginia gain custody?

I am 16 years old and currently living with my grandmother in Alabama after being removed from my mother's care in Texas due to domestic violence and poor living conditions. Although I was placed with my grandmother, I am unsure if she has legal custody or if my mother retains control over... View More

0 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Alabama on
Q: How to find a pro bono divorce lawyer in Alabama?

I am seeking a pro bono lawyer to help me with the beginning stages of a divorce in Alabama. There are children involved, and I need guidance on child custody and support, as well as division of assets. How can I find pro bono legal assistance for this process?

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Alabama on
Q: Can my ex-wife take my land and house if she refuses to sign a deed?

I was awarded half of the land and house during my divorce, while my ex-wife received the other half, which was 10 acres. She refuses to sign a quitclaim deed to transfer the property as outlined in our divorce agreement. Recently, she sold her portion of the land, and I suspect she's... View More

James L. Arrasmith
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answered on Apr 12, 2025

This situation sounds very stressful, especially given the uncertainty and potential for conflict. Based on your divorce agreement, the property division should have been finalized when the court issued the decree, and your ex-wife does not have the right to take your land or house unless there was... View More

0 Answers | Asked in Family Law for Alabama on
Q: How can I change my child's last name to mine in Alabama, given the father is not on the birth certificate and his whereabouts are unknown?

I am looking to change my child's last name to mine. The child's father is not listed on the birth certificate, and his whereabouts are unknown. No legal action has been established regarding paternity or custody. How can I proceed with changing my child's last name to mine in... View More

0 Answers | Asked in Juvenile Law and Family Law for Alabama on
Q: How does extended foster care benefit juveniles aged 18-21 in Alabama?

I'm seeking information on how extended foster care benefits juveniles aged 18-21 in Alabama. What are the specific advantages or support services provided to this age group under extended foster care?

0 Answers | Asked in Child Support and Family Law for Alabama on
Q: Timeframe to receive back child support in Alabama.

I am awaiting back child support payments in Bibb County, Alabama. The non-custodial parent's income was withheld on the 20th of this month, but I have not received any funds or communication about when I will receive the payment. How long does it typically take to process and receive these funds?

0 Answers | Asked in Divorce and Family Law for Alabama on
Q: How can I modify or stop alimony after my ex-spouse remarried?

I'm seeking guidance on modifying or stopping alimony payments. My ex-spouse remarried last week, but our original alimony agreement does not mention remarriage as a condition for termination. I have evidence, such as Facebook posts and text messages, confirming the remarriage. What are my... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Can a 17-year-old's mother prevent him from seeing his child in Alabama?

In Alabama, my 17-year-old boyfriend's mother is trying to prevent him from being involved once his baby is born. What legal steps can he take to ensure his parental rights are protected after the baby is born? Is it possible for his mother to legally prevent him from seeing his child?

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How can I gain custody or visitation for my daughter in Alabama after losing custody?

When my daughter was one year old, I lost custody while I was in prison due to a drug problem. A family promised to return her but used their connections in DHR to gain custody while I couldn't attend court. My daughter, now 14, contacted me, and we communicate daily. There have been no... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Alabama on
Q: Can aunt adopt child if one parent keeps rights in AL?

I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More

1 Answer | Asked in Family Law for Alabama on
Q: Hi, I would like to change my name on birth certificate, my legal documents are correct but I don't have a court order.

I am a US citizen living in the Netherlands. I was born in Alabama and have a registered address in California. I changed my name in Thailand sometime around 2007 and submitted a name change request with the US embassy in Thailand, my driver's license (expired) and passport have my correct... View More

David Trice
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answered on Feb 10, 2025

This is difficult since you are reside outside of the US. You do not meet the residency requirements for an Alabama name change. Seek out a California attorney for advice.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can a individual be held accountable for their actions causing separation/divorce
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

An Alabama attorney could advise best, but your question remains open for a month. Yes, from a textbook standpoint if the actions could be proven to cause tangible harm that led to a divorce, such as financial ruin, etc. But from a PRACTICAL standpoint, law firms are reluctant to touch cases along... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Alabama on
Q: My wife, divorcing me, borrowed $75,000 from me to buy a house in Alabama then signed the deed as a single woman Legal?

Put her name and her son's name on the deed after telling me he would pay me back. He has not and it has been 3 years. When I got the divorce papers, I found out she had just transferred her 1/2 of the house to him. Signed the transfer deed also as a unmarried woman. What can I do?

Anthony M. Avery
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answered on Jan 20, 2025

Your divorce lawyer needs to interplead the Son as an indispensable party in the Divorce Action. Then you plead your case for a real property interest on both legal and equitable grounds., against both.

2 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?

Is a power of attorney legal if it has marked thru incorrect and corrected addresses?

James Blount Griffin
James Blount Griffin
answered on Nov 21, 2024

To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More

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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

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