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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Awarded sole custody in Texas by default. 2.5 years later other parent is trying to change orders while has hasnt visit.

My ex has not visited his child in over 5 years. 2.5 years ago I was awarded Sole conservatorship by default in the state of Texas. He was served in person, his family denied he lived there, served by publication, email, then posted on all known addresses the court had. 2.5 years later his parent... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Is there anything that can be done so my kids are not made to spend the night with their Dad when they’re uncomfortable?

My ex disappeared from his kids lives for 5 years. They’re now 13 and 14 and he’s seeing them every other weekend per a new custody agreement. They are struggling and don’t want to go.

0 Answers | Asked in Divorce, Family Law, Civil Litigation and Landlord - Tenant for Alabama on
Q: In the state of AL, if I own my home and everything is in my name and my ex-fiance moves out can I change the door locks

Hello, just a quick a question.

Me and my Fiance just separated after living together since May. She moved out about a week ago and still has the majority of her belongings in my house. I own the house and everything is in my name. I want to know if I can legally change the door locks in... View More

0 Answers | Asked in Family Law for Alabama on
Q: Grandparents visitation.

My daughter who is (16) has a baby with and 18, they live with his mom. Since the baby was born we ( the grandparents)have been in her life now the babys father will not allow us to see her after we got into a disagreement when he wrecked my daughters vehical.

We have asked to see her and... View More

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?

James Blount Griffin
James Blount Griffin
answered on Nov 21, 2024

To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More

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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

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

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