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Alabama Adoption Questions & Answers

1 Answer | Asked in Adoption and Child Support for Alabama on

Q: My husband and I have custody of our 3 grandsons. After 3 years now, we want to adopt them. Parents are no longer

Together. Despite the court order 3 years ago, neither has paid any child support nor do they visit regularly. Can this be grounds for involuntary parental termination?

Kristine Jones answered on Jul 10, 2019

Hello. Sounds like you need to either file an agreed to adoption (if both parents will consent of course) or a Termination of Parental Rights, settle that, then file your adoption. I suggest seeking an attorney in your area to help you through the process. Best of luck!

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Alabama on

Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my son since he... Read more »

Shane Michael Oncale answered on Jun 20, 2019

The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: Can I file a petition for custody of a child that is not related to me? She does not want to go back home.

She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.

Mr. James Parrish Coleman answered on Mar 25, 2019

Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.

2 Answers | Asked in Adoption and Child Custody for Alabama on

Q: I am a foster kid in Alabama. Except I moved out a year ago and I am now 19. I have my own place and a good paying job.

I have a younger foster sister (who is biologically my niece) still with the foster family I was with. If the foster parents are willing to sign my foster sister into my custody is that the best way to go for her to be with me or is it best to try and do a relative adoption? I'm in Gulf shores al

Kristine Jones answered on Jan 31, 2019

Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home life... Read more »

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1 Answer | Asked in Adoption and Child Support for Alabama on

Q: Can my x, who is remarried drop childsupport / back childsupport ?

If the new husband adopts the child?

Kristine Jones answered on Dec 14, 2018

The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.

Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should...
Read more »

1 Answer | Asked in Family Law and Adoption for Alabama on

Q: Petition for an adult adoption in Alabama? Child will be 18 and step parent would like to adopt and change last name.

Will be moving to Decatur, AL in December. Child will have just turned 18. Step dad (for 16 years) would like to adopt. Is this a possibly in AL? Any limitations? Thank you.

Kristine Jones answered on Oct 12, 2018

A person is a minor until age 19 in Alabama. So it would not be an adult adoption. This sounds like it would be a familial adoption and as long as you and the minor have been living in the same house for 12 months, then you could file for adoption. You would need consent from both biological... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Alabama on

Q: What papers are needed for a dad to relinquish care of his 16 year old to a friend of the family, in Alabama

Friend of family has funds and is ready to take the child into her home! Would be better choice regarding child's future! Father has claimed by phone cal that he will sign what needs be signed!

Kristine Jones answered on Oct 10, 2018

Could be adoption or guardianship. You should seek out a family law attorney in your area who can discuss your specific situation and give you complete advice on which option is best for you and the child. Best of luck!

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: if parents have given up custodial rights to a distant family member but not parental rights can 1 get it back

and What acts affect this in Alabama and can grandparents still get visitation rights if not

Shane Michael Oncale answered on Oct 5, 2018

Yes. If parental rights have not been terminated the parents can always come back and petition the court for a return of custody. It can be a long and difficult process but it is possible. Grandparents can get rights to visitation under a vary narrow set of circumstances exist and may be... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on

Q: What can be done? How old can a child be to request a name change or adoption? Can we terminate rights?

Bio dad hasn't spoken to him in 1 year. Even after going to court in May he has made 0 effort to call,or text our son. Visitation has not been set up as our judge is making us go to a parenting class. We are being sent to a child first class, however we were.never married, but he's on the birth... Read more »

Mr. James Parrish Coleman answered on Sep 14, 2018

If he has not supported the child with money, contact or anything else for a period of 6 months or more you can attempt to terminate his rights on the ground of abandonment. The fact that you were not married, etc, is not relevant. If he has abandoned the child you can attempt to terminate his... Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on

Q: can we adopt my grandson without mom’s consent.

She voluntarily gave her rights to us almost 2 years ago. Father is deceased. Before this we had temporary custody for a year. Now she wants to be mom. She is allowed to see him 4 hours a week. She never makes the effort to come. We have to take him. Now she’s threatening us for her rights back.

Mr. James Parrish Coleman answered on Aug 8, 2018

In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child

1 Answer | Asked in Family Law and Adoption for Alabama on

Q: I have a friend that is pregnant and wants me to take her baby after it’s born do we need a lawyer?

Financially I can support the child but don’t have the extra money to hire a lawer

Mr. James Parrish Coleman answered on Jul 6, 2018

You have no idea what a mess you are about to make. The mother retains her rights to the child. What are you going to do when she decides she wants the child back when he or she is about 2-years old? What if the biological father of the child decides the same thing? Have you ever done an... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt

Do I have to terminate the rights of both parents to adopt or can I terminate one. How long should I wait? Its already been two years.

Mr. James Parrish Coleman answered on Jun 20, 2018

You don't have to terminate to adopt, but it is often the best way to go. You can show in the Probate Court that the parents have abandoned the child. Two years is plenty. DOn't wait any longer. Either file a petition to adopt without the consent of the parents, or file a Petition in Juvenile to... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: How to go about getting custody if my 15 year old brother

I am 24 married with two kids my little brother that is 15 ask my husband and I if we would get custody of him are parents are separated and are mother said she would sign me her rights... but the question is how do I go about getting my dads rights if he won’t let me.?

Mr. James Parrish Coleman answered on Jun 13, 2018

You go to court and prove that the parents are specifically unfit to be parents to the child. THis is called a private custody petition. This has to be done in Circuit Court. YOu need a lawyer.

1 Answer | Asked in Adoption and Family Law for Alabama on

Q: My Husband wants to adopt my daughter. what are the steps we need to take

Her "Father" pays child support every once in a while. we never married. He only sees her maybe once a month.

The child support was done through DHR. I have asked him if he would sign his rights over and he always says no. but my daughter doesn't even call him daddy unless he is there.... Read more »

Kristine Jones answered on May 8, 2018

Adoption and name-changes are two very different things in the eyes of the law. If it's an adoption, then you would need the father to willingly terminate his rights, or file a motion to terminate parental rights. If it is a name change only, then he would also likely need to consent, but it may be... Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on

Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... Read more »

Mr. James Parrish Coleman answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You would... Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on

Q: My daughters father has not been in her life for 10 years and she wants her stepdad to adopt her. can this be done

She is 15. He does not live in the same state as us, and we have had no contact with each other and when she was 5 we filed a police report about sexual abuse against him but nothing ever happened to him they said they could not prove it and she hasn't seen him since

Mr. James Parrish Coleman answered on Feb 28, 2018

Yes. You should terminate his parental rights in a case like this -- I believe. You can do an adoption without doing that, but I prefer to terminate when I don't have an agreement. It may be different if your Probate COurt has equity power (assuming you are in Jefferson County) In any event. NEVER... Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on

Q: Want to adopt a child that Im not kin too but have mentored.

She spent months in our home , and now she's with the grandmother's ex boyfriend living in a camper , and dhr in Cullman is OK with this .. she's 6 I think . My home is paid for, active in church , own my business ... But mostly I love this child I want to see her become all she can .Enjoy and... Read more »

Mr. James Parrish Coleman answered on Jan 26, 2018

You should go see an adoption lawyer. You will have to either get the parents to consent to the adoption or you will have to terminate their parental rights. Go see a lawyer.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on

Q: M ex husband hasn't seen my son since he was 2 and he is now 11.I have since then remarried and now my husband wants to

Adopt my son and my ex husband is willing to sign his rights over but wants me to have back child support dropped and what he has to pay the state dropped before he signs his rights over. What's the best way to deal with this situation? He can't and won't show up before a judge because he was a... Read more »

Mr. James Parrish Coleman answered on Nov 16, 2017

YOu can "drop" the back child support. THe child support is a final judgment of the Court and will stick no matter what. You don't have to pursue it, but you can't drop it. If he does not want to sign-- so what. File a Petition to Terminate his rights in the Juvenile Court. Make sure he gets... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: What is the likelihood for me to attain custody of my 4 year old nephew?

He lives with an abusive grandmother. The mother runs the streets and the supposed father has multiple drug related arrests. The mothers only interest would be during tax season. Proof of mental abuse can be easily proven through taped instances, and questioning of both her and the child.

Mr. James Parrish Coleman answered on Nov 16, 2017

If you want to do this you will have to file a private custody petition in Juvenile Court.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on

Q: my ex lives in another state do I have to be there to file custody paperwork?

my ex lives in Alabama I live in Pennsylvania she has been arrested on drug charges I want to file for custody and to establish that I am her father, I have the DNA results from a state certified DNA service. do I have to be present for such hearings and or too start the filing process to go about... Read more »

Mr. James Parrish Coleman answered on Oct 27, 2017

This is your second question on this. Jurisdiction will be proper where the child lives if this is an original filing. You will have to hire a lawyer in State and County where the child lives.

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