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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law for Alabama on
Q: Everyday my wife facetimes with her 30 plus year old children along with her ex husband. This feels disturbing to me

and very rude. Am I wrong to feel this way?

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: What steps can i take to enforce the current court order to have him follow it?

The custodial parent is not following the court order, and i have tried to talk to him in regards to this but he always just says have your laywer talk to mine which his lawyer never returns calls

0 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My ex-husband and I both live in Alabama and he has sole custody of her children but our oldest daughter who is 16 years

February of this year. Because the day before her 16th birthday I picked her up from her father's house and had planned on taking her the following day to get her driver's license. Because he wouldn't be able to because he had too much going on. Well later on that day he asked me to... View More

0 Answers | Asked in Family Law for Alabama on
Q: Can I get visitation to see my half brother

My dad is deceased and my half brothers mother won’t allow me to see or talk to him. Is there anyway for me to get visitation to see him?

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: My daughter's best friend had a baby when she was 16 now 17. Great mom! Her parents are keeping her kid from her.

It's her step mother and father. The step mother is like the one from Cinderella. They use the baby to threaten her so she does what they want. They tell her she can't take him anywhere. They called her while she's at school today and told her not to come home and that she's not... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: How long can a case stay open if only the initial drug test was positive in a year?

My case started when my daughter had one more absence than allowed. My husband takes a prescription that he listed when screened. They marked it as failed and then dhr came. He has been on a no contact order for a year with only 2 visitation days a week for 2 hours, and the visits have to be... View More

0 Answers | Asked in Employment Law, Family Law and Workers' Compensation for Alabama on
Q: Can my work deny my bereavement pay because my parent is technically my uncle?

My mom passed when i was 12 years old. My uncle and grandmother raised me from then on. My uncle was basically my father and my kids were even going to call him grandpa. He was my parent growing up after my mom. My work says they pay 3 days of bereavement for mother and father but are denying me... 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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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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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

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Should the parent feel guilty?

Elderly parent, low resources, has been trying to encourge their kid to get a job for the last seven years since high school. The kid responds with things such as, "no one is calling me", "I'll check this job out," goes to their room and comes back later, "they... View More

James L. Arrasmith
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answered on Jan 30, 2024

In this situation, feeling guilty is a common and understandable reaction for a parent, but it's important to consider the broader context. You've made efforts over the years to support and encourage your child in finding employment, which shows a commitment to their well-being and... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Do I have to answer interrogatories
T. Augustus Claus
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answered on Jan 19, 2024

In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure... View More

1 Answer | Asked in Estate Planning, Family Law and Collections for Alabama on
Q: How should I deal with the people that call looking for the person in charge of my wife's Estate.. She had no will.

My wife passed in August 2023. She had one personal loan and two credit cards in her name only.

James Blount Griffin
James Blount Griffin
answered on Jan 5, 2024

This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I LIVE IN AL, MY WIFE PASSED IN AUGUST2023 THERE WAS NO WILL AM I RESPONSIBLE FOR MY WIFE'S PERSONAL DEBT.

MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 4, 2024

NO

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
T. Augustus Claus
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

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