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Alabama Family Law Questions & Answers
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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on
Q: I have an question about DHR system about sleepover and head of house two thing

My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

Prenup says he will pay housing for us for 3 years if divorced, but refuses and we are now homeless. Final judgment says nothing of prenup .

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 14, 2023

The scenario you presents does not make any sense. If you had an executed prenup it should have most certainly been introduced and been part of any divorce. There are some facts and circumstances missing from what you are saying. I would suggest you consult with an attorney (possibly the... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I have questions my child father basically sees my kids when he wants to & when he asks to see them and i decide not to

He tries to call the police who do i talk to for this problem ?

James L. Arrasmith
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answered on Dec 11, 2023

In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: I have 19 year old in my home that refuses to help or pay bills while I take care of her son. I can no longer this way

She is verbally abusive to me and her 1yr old son

James L. Arrasmith
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answered on Dec 11, 2023

In your situation, where a 19-year-old in your home refuses to contribute financially or help with chores, and is verbally abusive, you have several options to consider. Firstly, it's important to set clear and firm boundaries regarding behavior and responsibilities in your home. Communication... View More

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Would the cops be able to do anything if the girl looks for the guy and the cops are involved by the girls parents?

19 year old girl. 18 year old boy. Parents of girl don’t want the guy with their daughter and threaten to call the cops on him if he keeps looking for her . Even go as far as to threaten the guy that they will say the guy raped their daughter.

James L. Arrasmith
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answered on Dec 5, 2023

In Alabama, if both individuals involved are legal adults (the girl being 19 and the boy being 18), they are generally free to make their own decisions regarding whom they choose to associate with. The police typically would not intervene in such a situation unless there is evidence of a crime or a... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Should I, the defendant in a child custody case ,cease contact with the plaintiff
T. Augustus Claus
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answered on Nov 30, 2023

In general, it's best to avoid contact with the plaintiff in a child custody case if you can. This can help to reduce conflict and make it easier to resolve the case. However, there may be some cases where it's necessary to have contact with the plaintiff, such as to exchange information... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can I seek legal action against an adult who is helping my minor child skip school and hiding her at her house
James L. Arrasmith
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answered on Dec 1, 2023

In Alabama, if an adult is knowingly contributing to the delinquency of a minor, such as by helping your child skip school, you may have grounds for legal action. This can potentially be considered as contributing to truancy, which is a violation of compulsory education laws.

First,...
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