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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law for Alabama on
Q: Can a paternal grandparent keep a parent from visiting their child for over 15 years

15 years ago I asked my then 3-month-old sons paternal grandmother to come get her grandson while I voluntarily went into a 90-day bible-based recovery center. The grandparent always knew how to contact me

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school.

My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school. She was getting ready for work and asked her 8yr old to fill her water bottle from the water purifier in the fridge. She had a bottle of clear alchol in the refrigerator and the child... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 30, 2023

I think she should sit tight. If her facts are as she states, and she can convince a judge of that, she won't have a problem. What was the "clear alcohol?" If it was gin, it makes sense.

0 Answers | Asked in Family Law and Communications Law for Alabama on
Q: Alabama Rules of Evidence Article V. Privileges Rule 505 ... Does it cover conversations with multiple people present?

If the victims mother, makes the victim confront her abuser in a meeting at the church with the mother, the Pastor and pastors wife is it covered under the clergy rule?

0 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: Can a interest party witness a will and her daughter. 4 siblings in all, no one knew about the will. Mother passed 7 yrs

A mother passed 7 yrs ago with 4 adult children left behind. One daughter and her daughter (granddaughter) witnessed the will. The house was left to the daughter that witnessed the will. No one has ever heard that a will was written until this week.

0 Answers | Asked in Family Law for Alabama on
Q: Can a runaway be legally charged?

My child is a habitual runaway lately when things don't go his way, Alabama law enforcement has been contacted but it doesn't seem like a high priority due to no crime committed. Is there a way to charge the minor runaway?

0 Answers | Asked in Estate Planning and Family Law for Alabama on
Q: Does next of kin inherit deceased mothers debt

My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?

0 Answers | Asked in Family Law for Alabama on
Q: What does this mean ? MOTION TO STAY VISITATION filed. Pending the hearing, the Defendant's visitation is hereby stated

Going through a divorce. Wife’s attorney filed this motion a few days ago. Did my visitation get stopped ? Or is everything still in place until the motion to stay hearing ?

*hereby stayed

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Will a judge make changes to custody when the other parent never drops the kids off at the scheduled time?

In my divorce decree it states that our children are to be dropped off at school or the other parents house by 8:00am. My ex is consistently late and not just by a couple minutes. Usually at least 30min but as much 90 min. I have been keeping a record of all the times she is late. I’m wondering... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 13, 2023

The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

12yo is covered by health insurance by ex. This year we have incurred $400+ uncovered medical bills and she is starting orthodontic treatment soon ~$6800. Ex states the portion his benefits cover (for example, $1700 of braces) count as his payment towards these bills. Insurance does not exceed 5%... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 30, 2023

Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them... Read more »

2 Answers | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

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1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: If I have sole physical custody and joint legal custody would I be allowed to move out of the state with my daughters ?
Scott Frederick Levin
Scott Frederick Levin PRO label
answered on Jan 24, 2023

Depending on the exact wording of your divorce decree, it is possible.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I have a 2 year old son in foster care and I'm having/had problems with the social service system and things pertaining

Paperwork is not explained and pops up

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should visit the Clerk's Office at the courthouse in your county and complete an Affidavit of Substantial Hardship requesting that an attorney be appointed to represent you. If you qualify based on income, the juvenile judge will appoint an attorney to represent you. You could also contact... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: NCP owes me roughly 36 thousand in arrears. He has been making his monthly payment as ordered but I would like to know

If I can collect on some of the delinquent monies owed. If so what do I need to file? Also I dont feel DHR is really on my side. NCP is lying about his income I have shown them where he has spent 70 thousand dollars in 2 years buying property but only claims 18 thousand a year.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You can file a petition to modify support to include an additional amount for arrears. There is a "do it yourself" petition available from the Alabama Office of Administrative Courts.

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: My step daughter was adopted by her moms husband can they changer her last name to his?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

The short answer is, "yes." If the child was adopted, a name change could have been done during the adoption process.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If my son's father is on his birth certificate, what rights does he have pertaining to custody?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: Will my adopted children factor into the amount of c.s. I pay to my paternal children in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... Read more »

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