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Alabama Family Law Questions & Answers
0 Answers | Asked in Family Law and Adoption for Alabama on
Q: My adoptive parents kicked me out, changed my social media password went through it and won’t give it back. What to do?

I was kicked out 2 months ago by my adoptive parents. I was kicked out for no reason randomly one day and all they let me take was a suitcase. It took a week and a half for them to let me come back and get my things which was hard enough as it was seeing as they had packed everything up in boxes.... View More

0 Answers | Asked in Family Law and Landlord - Tenant for Alabama on
Q: Alabama - Can I evict my 21yo adult child from my home?

She has started cussing excessively around our 4yo and 7yo girls, screaming, and being extremely disruptive. We have started homeschooling the younger girls, and it's impossible to do when she is home. She has told us that she hopes we die, we are the worst parents ever, and that she needed an... View More

0 Answers | Asked in Family Law and Elder Law for Alabama on
Q: How to notify the courts your wanting to join a hearing as a potential Guardian/Interested Person in a GuardianshipHeari

*If I make "legal conclusions incorrectly" I apologize for my layman's research of the law.* However, the chief matter at hand is a Guardianship Hearing of an Incapacitated ADULT (aka Court finding that X person is an Incapacitated ADULT/ Appointing a guardian for the... View More

0 Answers | Asked in Family Law and Juvenile Law for Alabama on
Q: hey im a 18 year old female in dhr in alabama can i run away on my 19th birthday

im known to run away and im bipolar and have been in legal trouble before but i have money saved up and have a plan . im also using a friends email.

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: How long after me and my fiancé get married can he adopt my 2 children?

Their birth father has never met my daughter and hasn’t seen my son who is now almost 3 since he was 8 months old and has never cared for them or provided for them in any means. He is not listed on their birth certificates does the adoption process require that he gives consent even if he has... View More

0 Answers | Asked in Family Law for Alabama on
Q: My brother was granted temporary guardianship of my father( unbeknown to me), what is the process to be added to it?

My father has Dementia and my brother has moved into his home, uses my father’s retirement to pay his bills(he’s unemployed and has no home) and refuses to allow access to my father.

0 Answers | Asked in Family Law for Alabama on
Q: My brother was granted temporary guardianship of my father( unbeknown to me), what is the process to be added to it?

My father has Dementia and my brother has moved into his home, uses my father’s retirement to pay his bills(he’s unemployed and has no home) and refuses to allow access to my father.

0 Answers | Asked in Family Law for Alabama on
Q: Am I liable for a medical bill incurred by son at 18 and after he graduated high school in Alabama?

My son had a tonsillectomy at the age of 18 and after he graduated high school. He is listed under my medical insurance. I was not made aware of this procedure until I received a bill in the mail from the hospital in excess of $2700. With the age of majority being 19 in the state of Alabama, am I... 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

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