Alabama Questions & Answers

Q: My husband and I separated. We have been married 12 years and living together for 18. He has filed for divorce.

1 Answer | Asked in Divorce for Alabama on
Answered on Oct 13, 2018
Kristine Jones' answer
Hello, you should seek legal counsel in your area to help you through the divorce process. Best of luck!

Q: what happens in AL when the judge orders full custody. Do I get my child right away?

1 Answer | Asked in Child Custody for Alabama on
Answered on Oct 13, 2018
Shane Michael Oncale's answer
It is very uncommon for a judge to make a custody ruling directly from the bench following a trial and it is in fact not a good idea to do so. When something as important as the custody of a child is at stake emotions are very high and there have been numerous occasions when violence and even murder has followed an adverse ruling from the bench. For that reason most judges will delay entering a ruling even if they know when they leave the bench what the ruling will be. I would not count on...

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

1 Answer | Asked in Family Law for Alabama on
Answered on Oct 12, 2018
Kristine Jones' answer
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 parents, or file to terminate the rights of whichever parent did not give consent. Adoption is largely a creature of statute. You are looking at 2-3+ court appearances to accomplish all this. I would...

Q: If I agreed to assume all transportation costs for visitation, can I amend this to have my ex share costs with me?

1 Answer | Asked in Family Law for Alabama on
Answered on Oct 11, 2018
Shane Michael Oncale's answer
You can go back to court and seek an amendment of the current order anytime there is a material change in circumstances. The problem you are going to have is proving that something material has occurred that no longer makes it feasible for you to pay transportation costs. Short of a job loss or an extreme change in either her income or yours you are going to have a real hard time meeting this burden. If there are a number of things you want to change that are supported by a material change...

Q: What happens if my ex boyfriend lies in court so he can take child away from me?

1 Answer | Asked in Child Custody for Alabama on
Answered on Oct 11, 2018
Shane Michael Oncale's answer
Unfortunately many people come to court and lie. Fortunately, there are numerous features in the system that help to both expose a liar and to limit those things they can lie about. The most important feature is cross examination. If you are going into a contested proceeding you need a lawyer. It is that simple. A skilled lawyer will know how to question a liar and expose him and his story for what they are. Furthermore, there are the Alabama Rules of Evidence, particularly regarding...

Q: Can a 16 year old leave home with her child to live with her baby daddy ? Or is it illegal

1 Answer | Asked in Child Custody for Alabama on
Answered on Oct 11, 2018
Mr. James Parrish Coleman's answer
You are a minor and you getting pregnant and having a baby does not change that.

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

1 Answer | Asked in Adoption, Family Law and Child Custody for Alabama on
Answered on Oct 10, 2018
Kristine Jones' answer
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!

Q: In alabama if my son joins the army at 18 will my childsupport stop even though it states on my papers to the age of 19?

1 Answer | Asked in Family Law and Child Support for Alabama on
Answered on Oct 10, 2018
Kristine Jones' answer
Child support will not stop without an action asking the court to stop it. Best of luck!

Q: What steps do I need to take to take the non custodial parent off of child support in Alabama?

1 Answer | Asked in Child Support for Alabama on
Answered on Oct 10, 2018
Kristine Jones' answer
None. It would be the responsibility of the person paying child support to file an action to have it stopped.

Q: Is my husband responsible for his ex-wife's lawyer fees if they go to court?

2 Answers | Asked in Child Support for Alabama on
Answered on Oct 10, 2018
Kristine Jones' answer
Anyone who files an action in court may ask for the award of attorney's fees and court costs. It will be up to the judge if she is awarded them at the conclusion of the case. Best of luck!

Q: If someone is two years behind on child support payments, how much would need to be paid to avoid getting a warrant?

1 Answer | Asked in Child Support for Alabama on
Answered on Oct 9, 2018
Mr. James Parrish Coleman's answer
ALways a good question! The smart thing would be to start making payments. I suspect these payments etc are set up through DHR. If you will contact them -- with a fist full of money -- they will allow you to pay current support and the arrearage. Good luck.

Q: How does a teenager have to be to choose which parent to live with?

1 Answer | Asked in Child Custody for Alabama on
Answered on Oct 9, 2018
Mr. James Parrish Coleman's answer
A teenager (minor) can't choose who to live with. You can't choose. Simple as that.

Q: Car repossessed less than 5 days ago, considering filing bankruptcy. If I do will I be able to keep my car?

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Oct 9, 2018
Timothy Denison's answer
Not unless you are able to catch up the payments and get it back.

Q: I was in an accident with each of us claiming the other ran a red light.

1 Answer | Asked in Car Accidents for Alabama on
Answered on Oct 8, 2018
Peter Munsing's answer
Is it your policy adjuster who says that or their policy adjuster? What does the police report show? Where is damage to the cars? Wintesses? If you have collision file it with yours and ask them to go after the other persons.

Q: My husband and I share joint legal custody. I have physical custody. Can I give my child's father temporary custody.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Oct 8, 2018
Mr. James Parrish Coleman's answer
You can only do that through the Court. You don't have the power or authority to modify the Court's order.

Q: I am working for a EMS company currently. The company I’m working for now purchased my tuition contract from my previous

1 Answer | Asked in Contracts for Alabama on
Answered on Oct 8, 2018
Mr. James Parrish Coleman's answer
You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.

Q: I'm 19 and I just left home in the state of Alabama but I'm still in high school can my dad pull me out ?

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Answered on Oct 8, 2018
Mr. James Parrish Coleman's answer
Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not want to.

Q: Can a 17 year old refuse to see her father who wants visitation. Is she obligated to see him ??

1 Answer | Asked in Family Law for Alabama on
Answered on Oct 7, 2018
Mr. James Parrish Coleman's answer
Yes. It is a court order, not a friendly suggestion.

Q: Is there anyway to stop, or pause, child support payments without going back to court?

1 Answer | Asked in Child Support for Alabama on
Answered on Oct 7, 2018
Kristine Jones' answer
Hello, the answer to you question is no. If he stops paying, the child support payments will accrue each month and he will owe interest on those payments as well. Two possible options, go to court and modify the support; or have him still pay child support to you, but you refund his payments by check for each month she stays with him. Best of luck!

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