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Alabama Family Law Questions & Answers
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?

Anthony M. Avery
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answered on Nov 19, 2024

If the POA was executed correctly after the corrections, then it should be enforceable. Principal might make a new POA if the document is an obvious mess. Make 3 or 4 originals.

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0 Answers | Asked in Family Law, Child Support and Civil Rights for Alabama on
Q: Who do I sue a judge for illegally taken my children and being not indicated by two therapist the father chose

I also have had visitation since 8/25/22 and have yet to receive the first visit, any suggestions legally when dealing with a biased incompetent judge?

0 Answers | Asked in Family Law for Alabama on
Q: Guardianship awarded to financially strapoed sister who put parent in end of life hospice against will of ward. Help!

Parent is heart broken as are other family members. Parent doesn’t have terminal illness. Parent didn’t approve of being forced to have a guardian OR the choice for a guardian. Now parent is forced to take bentos, opiates, and stop her Parkinson’s med which was helping her. Phys therapy and... View More

0 Answers | Asked in Family Law for Alabama on
Q: What can I do if DHR showed me 72 hour nothing and game me no reason for a judge signing a 72 hour pick for my children

DHR has been trying to schedule a home visit due to someone making a report due to the state of my home, I'm not entirely sure what tht even means but I have been trying to obtain a lawyer to help me speak to them. I don't trust DHR in anyway. So they have not been to my home. I have not... View More

0 Answers | Asked in Family Law for Alabama on
Q: My Mother and my brother pressured my sister in law to give her guardianship of there baby.

My sister in law ask my mother all the time when can she get him back and she tells her that she needs to work on her parenting, but how can she do that when she will not let the mother do anything. How can she get guardianship back of the child. The mother lied on the paper and said a bunch of... View More

0 Answers | Asked in Family Law for Alabama on
Q: If I get emancipated at 16, then move to Australia, will my papers be recognized?

I plan to try and get emancipated at 16, after I get a job and get used to working. I want to move to Australia for personal reasons. Will my emancipation papers be legally recognized in Australia?

0 Answers | Asked in Family Law and Child Support for Alabama on
Q: If a temporary IWO for child support was Terminated by the judge due to non compliance of the primary

So basically the temp. IWO was terminated by the judge because the custodial parent failed to follow a court order. After almost 3 months then the judge reinstated the IWO at a court date he set the day he terminated it and set the same amount as before but this time permanent. Months later I was... View More

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

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

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