We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More 
answered on Sep 16, 2023
Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise... View More
Parents would consent
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answered on Sep 12, 2023
In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is... View More
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answered on Sep 5, 2023
kratom was not typically included in standard drug tests. Drug testing panels generally focus on common illicit substances like marijuana, cocaine, opioids, amphetamines, and benzodiazepines.
We have a child custody case to which we created a GoFundMe to help with the attorney fees. It hasn't garnered much money but everything helps as this has gone on for almost 5 years. The spouse of the mother of the children has filed a lawsuit against me and my son for defamation for stating... View More
answered on Aug 3, 2023
Unfortunately, you will probably not be able to have the lawsuit dismissed immediately.
The individual claiming defamation does not have to be specifically identified by name in order to have a defamation claim. Whether this person has a colorable claim for defamation depends, at least in... View More
We are married. My husband has been having some issues with substance abuse and I want to take our child to my aunts house in another state for a while, while hopefully my husband gets clean. But I would need to go without telling him or he wouldn't let us go, but I feel it would be safer for... View More
answered on Jul 26, 2023
No. With no custody order in place, you are free to travel within the United States with your child without the consent of your spouse.
Divorce was finalized in TX. He is now stationed in WA. I live in AL.
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answered on Jul 10, 2023
If you want to have the child support amount adjusted due to your ex's increased income, you would generally need to file a petition for modification of child support.
In your case, since the divorce was finalized in Texas but your ex is now stationed in Washington and you live in... View More
Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.
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answered on Jun 30, 2023
The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More
I live in AL mother lives in GA
answered on Jul 4, 2023
It sounds like you are in a difficult situation here. Unfortunately, we do not really have enough information here to really help you with this question. Some important context would be like whether or not there is a custody agreement or plan in place, and where was that plan ordered, in Alabama or... View More
I have requested a signed HIPPA release form for all mental health providers, I have also requested the list of providers through a request for production
answered on Jun 21, 2023
That’s more properly the subject of an interrogatory than a request for production.
If no such list already exists, a request for production does not require one to be created.
My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage?
answered on Jun 14, 2023
It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your... View More
My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... View More
answered on May 18, 2023
The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to... View More
She has given me 2 months to vacate but growing increasingly agitated with me. I'm not on the lease. She won't allow me to put a lock on the door.
Comes in and goes through my things.
answered on May 8, 2023
You could possibly have a claim. It will likely depend on your rental agreement and reasonable expectation of privacy.
Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... View More
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answered on May 1, 2023
Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.
we be in?
answered on Apr 24, 2023
The short answer is that you would be in a world of trouble. You and she are both minors, and cannot yet be emancipated -- that is seen as adults-- because of your ages. You are barely outside the limits of the age difference that would make having sex with your 14 year old girlfriend illegal. If... View More
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... View More
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.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
answered on Apr 5, 2023
Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.
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.
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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.
It's an old estate from grandparents.
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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.
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%... View More
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... View More
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?
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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