Lawyers, Answer Questions  & Get Points Log In
Alabama Family Law Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Why is it that fathers have so few (if any) rights when it comes to child custody and child support in Alabama?

It took me three years to get my ex-wife served to change our custody agreement when she sent our daughters to live with me. Once she was served, she demanded our youngest daughter back and I was hit with child support arrears that, even though I have been paying what I have been ordered to pay for... Read more »

0 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Does the non custodial parent have to sign a travel consent form? He is MIA, has been court ordered and has a warrant

We have a child support case on going. He has failed to appear to court every time. He has been arrested for FTA, and failure to pay. Recently he has a warrant out for FTA and non paying on May 11th, 2022.

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: I live in NC and My Baby is in Foster Care in Alabama because my baby was taken from me at birth. He is over 2 years ol

The case is still on going and not moving forward I still only get supervised visits whenever it is convenient for the foster parent and DHR worker nothing is consistent. I had my baby in alabama while I was visiting. So should my baby be in foster care in alabama or in NC.

0 Answers | Asked in Child Custody, Criminal Law and Family Law for Alabama on
Q: My child is 15 and she keeps skipping school and disobeying. What can I do? How can I have her put into a boot camp ?

She rides the bus to school and when she gets off the bus at school she leaves and never goes in. This morning I got a call from the school saying that they have her on camera walking out of home room and running across the parking lot to get into the car with her boyfriend. I have tried everything... Read more »

0 Answers | Asked in Family Law and Child Support for Alabama on
Q: Can I get child support from his my nephews parents?

I live in Alabma,and I have full custody of my 6 year old nephew,his parents don't help at all with him.

I want to know if I can take them to court for child support.

0 Answers | Asked in Child Support and Family Law for Alabama on
Q: Daughter is currently 18, and will be 19 in January. When should I file for termination of child support?

I currently have two children. A 19 year old daughter, and an 18 year old daughter with the youngest daughter turning 19 years old in January 2022. How soon before her 19th birthday should I file the petition for termination of child support withholding order. I do NOT have an arrears balance.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge must approve a child support arrears rebate request or can just one of them?

I have been paying child support as directed by the latest support order (from 5 yrs ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of $3,474. There was even a time when I was living in AZ I was paying extra in hopes of paying... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

This appears to be a question concerning Alabama law. So you should ask it in Justia > Ask a Lawyer > Alabama.

0 Answers | Asked in Family Law for Alabama on
Q: In the state of Alabama, what are the specifics regarding child neglect, and or abuse?

What counts, or would help me seek help about a home situation?

1 Answer | Asked in Family Law and Probate for Alabama on
Q: i am illigitamate first born Son. Father died 3/2018. last will and test. made NO mention of me in LWT. 1000+acrs

i need help fighting for my share

Bettie Carmack
Bettie Carmack answered on May 8, 2022

Claims against the estate generally have to be filed within 6 months of when the Letters of Administration were issued or the estate published for heirs claims. It is suggested you hire a probate attorney to determine when the estate was opened for probate.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm 17 and pregnant my boyfriend is 30 can my legal guardian have him arrested or can we get married
Bettie Carmack
Bettie Carmack answered on May 8, 2022

Can he be arrested? It would depend upon when you began sexual relations and whether there was some type of fiduciary relationship violated when he engaged in sexual relations with you.

0 Answers | Asked in Family Law for Alabama on
Q: My father passed away March 10, 2019 without a will. He had 2 property's with one arrangement to a family of a small boy

that he became attached to so his Mom and he lived there rent free. My Dad had papers done leaving the property to my daughter. To oversee. I found the documents before he passed in his safe. He had never done anything with them. I gave them to my daughter thinking he wanted that which I found out... Read more »

1 Answer | Asked in Family Law and Health Care Law for Alabama on
Q: I want to complete a mental health assessment for a 14yo in AL. Do I need consent from his parent?

If I do the assessment, do I need the parent's consent (in a release of information) to share the results with the courts? The 14yo is on probation and the results would be helpful to show data in a recommendation for mental health services.

Thanks!

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If you are licensed mental health profession, it is recommended that you pose this question to the licensing board.

0 Answers | Asked in Family Law, Child Custody and Domestic Violence for Alabama on
Q: I have a question regarding cps cases

I had a cps case open because my boyfriend had been arrested for property damages in the pursuit of domestic violence they tried to claim he was on drugs but never proved it he left the home and they still did a case they told me if I seen him agian they would remove the children but never spoke to... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: When you share joint legal custody with a non biological parent just an adult you know what are the duties of each paren

parent does does the non bio pay childsupport? And where is the bio father in this equation is it even legal

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge have to approve a child support arrears rebate request or can it just 1 of them?

I have been paying child support as directed by the latest support order (from 5 years ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of over $3,400. There was a time where I was even paying extra (in hopes of paying down the... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

It is suggested that you contact a lawyer to have this issue addressed in court. Statements made outside of court will not modify an existing order.

0 Answers | Asked in Family Law and Child Support for Alabama on
Q: How can I get a state to stop reporting false payment history to the credit bureaus when DHR is being paid by an IWO?

A few years ago the state of Florida (where I reside) received a request from the State of Alabama DHR to enforce a child support order that was already being paid. I challenged the enforcement order but lost. Now, FL is reporting to the credit bureaus that I am delinquent and they are sending my... Read more »

1 Answer | Asked in Divorce, Insurance Bad Faith, Insurance Defense and Family Law for Alabama on
Q: Husband divorced ex wife 2013. Passed 2020. Life insurance was paid to former spouse. Does this fall under 30-4-17, Ala

Policy taken out before divorce from former spouse. Former spouse received insurance payout although deceased remarried to me. Divorced 2012, deceased and I began relationship 2013, he passed 2020. He and I share 3 young children ages 7 and under. Previous marriage occurred one child who is in 20s.... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If you are the listed beneficiary of an insurance policy, you would contact the insurance company to determine the payout decision. It is entirely possible that you were removed as the beneficiary of the policies.

1 Answer | Asked in Criminal Law, Elder Law and Family Law for Alabama on
Q: What type of lawyer do I need to prove a relative is abusing an elderly relative in another state?

I have some proof that a relative did abuse an elderly relative before her death and is currently committing fraud with her bank account after her decease. This relative is pretending my dead relative is still alive to collect money. This person is also committing fraud with another living... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

You can report financial fraud to the police, the district attorney's office and, in some cases the US Attorney's office. Most states also have an "elder abuse" hotline to report crimes against the elderly.

1 Answer | Asked in Family Law for Alabama on
Q: My nephew is paying court ordered child support and the mother of the child is withholding visitation what can be done?

He was paying support prior to the court ordered support. Has filed a petition for visitation pro se last week.

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

The petition he filed pro se will likely be set for a hearing soon. He can appear on his own or hire an attorney.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.