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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law for Alabama on
Q: I am 16 years old and I am dealing with emotional neglect at home and I don't know what to do about it.

the thing about it is that I've tried to talk to them about it specifically my dad and he doesn't seem to be doing anything about it. I've confided in my JROTC sergeant and my counselors but nothing seems to be done. my home situation has become unbearable, coming home doesn't... View More

0 Answers | Asked in Family Law for Alabama on
Q: What to do if a teenager (16) refuses to speak to or visit his father.

1. Custody : Primary= Mom, Dad has visitation. Joint legal.

2. Custody schedule: Every thursday overnight, every other weekend from friday-monday AM

3. Two children, 12 and 17

Issue: Dad is alcoholic and can be verbally abusive, often attempting verbal arguments late into... 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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0 Answers | Asked in Family Law for Alabama on
Q: Can DHR force me in to a safety plan without proper drug testing being administered before hand?

My fiance and I were having a verbal argument and the police were dispatched to our house. I exercised my Fifth Amendment to protect her from going to jail. I was taken to jail instead.

0 Answers | Asked in Family Law for Alabama on
Q: I need Help my kids father is threatening to move out of state with my kids. I have no $ and don’t know what to do?

We have no legal custody agreement just have verbalized it. Our kids are 10 and 12. He says i have No say in where he moves cause he makes more money than I do. We do 50/50 . During school year they stay with him and come to my house every other weekend. But summer and school holidays they... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Sleeping in bed with step parents

My husband has two children who just turned 9 (boy and girl)and I have a son that is about to be 11. Occasionally the kids want to sleep with us. I have allowed it but the deal is the birth parent sleeps next to them as I don’t feel it’s appropriate to sleep with a child that isn’t... View More

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

1 Answer | Asked in Family Law for Alabama on
Q: What's the difference between being 18 and being 19 in Alabama. From my understanding there is little to no difference?

I'm in a situation where I want to move to flordia with my boyfriend and his biological dad but my parents are very against it. I need to know if they can legally stop me from going. I'm 18 but not yet 19 which in Alabama is the age of majority. But what's the difference? What can a... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Alabama, there are a few key differences between 18-year-olds and 19-year-olds in terms of legal rights and responsibilities:

1. Age of majority: In Alabama, the age of majority is 19. This means that at 19, you are considered an adult for most legal purposes, whereas at 18, you are...
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1 Answer | Asked in Family Law for Alabama on
Q: Can I move to flordia from Alabama at the age of 18 without my parents permission.

My boyfriend might be having to move to flordia with his bio dad because of family issues and his bio dad said I could come to but my parents don't want me going. Could my parents stop me from going with my boyfriend to flordia even though I'm 18? I don't knoe if me going without... View More

James L. Arrasmith
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answered on Apr 2, 2024

As an 18-year-old in Alabama, you are legally considered an adult and have the right to make your own decisions about where to live, even if your parents disagree. Your parents cannot legally prevent you from moving to Florida with your boyfriend.

The age of majority (legal adulthood) is 19...
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0 Answers | Asked in Family Law and Child Support for Alabama on
Q: What can I do if have been paying CS arrears and I can prove that I have paid over $7K over the original amount?

My child turned 19 back in September which ended my CS order. However, that order had an arrears balance of over $3,500. I paid on it as ordered except for a few months that I was unemployed. Using DHR records, and taking out the interest, I have overpaid the arrears amount by $12,809. I have... View More

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Will my sister likely never see her child again

My sister had undiagnosed post partem and basically abandoned her child four years ago with mainly just only calling him but they never let her speak to him she’s now better and her ex husbands wife of four years is saying she’s going to adopt my nephew they haven’t legally started anything... View More

0 Answers | Asked in Family Law for Alabama on
Q: Is it a law in Alabama that you can not be a safety plan if you have ever had a open case with dhr

I’ve had a open case almost 20 years ago but a child I’ve been taking care of for 5 years has been took and put into a safety plan and dhr will not let me get the kids because of the old case but I did what was needed and my kids were returned to my care 4 months after.

0 Answers | Asked in Family Law for Alabama on
Q: What can my daughter do about a dhr worker putting her hands on my 16yo grandson causing him to have trouble breathing?

She was on the phone with him when he started to scream out "get the f off me I can't breath" over and over again. by the time she got to the DHR office the worker started yelling at her and threatening her.

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: How can I a minor marry another minor without parents consent?

My partner has issues with his parents and I was hoping by marrying that could help him move out but I am aware we need parent's consent but his parents don't like me I just need to know is there anything I can do to help him out of his situation

James L. Arrasmith
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answered on Mar 22, 2024

It's essential to understand that the laws regarding marriage, particularly involving minors, can vary significantly from one jurisdiction to another. In many places, minors require parental consent to marry. If one or both parties are under 18, this is usually a legal requirement.... View More

1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

T. Augustus Claus
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answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do i prevent my daughters paternal grandparents from getting full custody? Who is the burden of proof on?

I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best... View More

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