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Alabama Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: What is the statute of limitations for 1st degree theft in Alabama?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s four years.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Was being served papers at my home when answered the door the officer seen parafinalia

On table and found small amount of marijuana. I was arrested for misdemeanor parafinalia and misdemeanor possession. Can I get this dismissed?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s very possible. While this falls under the “plain view” exception to a warrantless search, many counties in Alabama have a PreTrial Diversion program that allows for the dismissal of the charges once you complete the program. I’d find a good criminal lawyer and ask them about filing out... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How much will this cost,
Sheila Crumley Field
Sheila Crumley Field answered on Sep 23, 2020

How much will what cost? You haven’t said anything about the type of case it is.

1 Answer | Asked in Child Support for Alabama on
Q: How do I file a petition for a child support order that is in arrears for an adult child with DHR in Alabama?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 22, 2020

Go to DHR they will handle it for you.

1 Answer | Asked in Family Law for Alabama on
Q: If I’m on my son’s birth certificate, do I have rights to visitation
Sheila Crumley Field
Sheila Crumley Field answered on Sep 21, 2020

No sir, not until you are adjudicated in a court. A child born to an unwed mother is sole custody to the mother, even if you are listed as his father on the birth certificate. If you want visitation you will have to Petition to establish Paternity, Visitation and custody if you want rights to your... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is Certain Person drunk/addict arrest for firearm possession a felony or misdemeanor?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 20, 2020

It’s a misdemeanor. There are two, Certain Persons Forbidden to Possess a Firearm. The first is where the person has been previously been convicted of a crime of violence such as assault, robbery, burglary, murder, etc. This one is a Class Ce Felony. The second one, the one you asked about is... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: My son is 18, his girl friend and him have a baby, her family is not allowing him to see the baby, what can we do

They will let us see the moter but not the baby and he was present for the birth and he is on birth records and baby has his name

Sheila Crumley Field
Sheila Crumley Field answered on Sep 19, 2020

Petition the court to establish Paternity, visitation and child support. He can exercise his rights and they can’t stop him. He’s the father, not the grandparents.

1 Answer | Asked in Consumer Law, Criminal Law and Arbitration / Mediation Law for Alabama on
Q: What is the Code of Alabama definition of "Individual"?
Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

Only an Alabama attorney is qualified to answer your question, as it involves state law. But it remains open for four weeks. As a GENERAL matter when it comes to basic and elemental terms in statutes, their meanings often tend to be straightforward. If a matter involves the need for high-level of... Read more »

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Can one parent keep a child from the other during a divorce?
Kristine Jones
Kristine Jones answered on Sep 18, 2020

Hello. No, not unless there is an Order from the Court stating they can. Thank you for the question.

1 Answer | Asked in Divorce for Alabama on
Q: Hello, My question is there a status of limitations on child support in the state of Alabama? my kids are adults now.

There was a court order when the divorced was final.

Shane Michael Oncale
Shane Michael Oncale answered on Sep 17, 2020

There is no statute of limitations on the collection of child support. Each monthly payment in automatically considered reduced to a judgment as it becomes due.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: I am being forced into a new position at work and was told to take it or resign - what rights do I have?
Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Can a parent drug test the child in qeustion of a child support case

My ex wife has gotten my whole family drug tested in past cases. All clean of course. Anyway, this is not for custody just child support. And I know my son has been partaking in weed. Though I’ve never caught him. It’s blatant. And if he does get tested, what will happen to my other children at... Read more »

Kristine Jones
Kristine Jones answered on Sep 15, 2020

Hello. She would need to ask the Court's permission or get him to submit to a test voluntarily. Weed is illegal in Alabama. It is against the law to partake, have possession of it, sell it, etc. You have an obligation to your other children to protect them from illegal drugs. Thank you for... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Can both parents create their own child support agreement in a divorce in Alabama?
Kristine Jones
Kristine Jones answered on Sep 13, 2020

I've yet to see a Judge disallow a parental child support agreement. You still must file the child support forms as a matter of record in your case though. Thanks for your question.

1 Answer | Asked in Child Support for Alabama on
Q: My child mother and I reached an agreement that became the court order, can she take me back to court for more money?

We settled outside of court. We never had to see the judge. The judge made our agreement a court order. I’m married now, can she take me back to court to request more money?

Kristine Jones
Kristine Jones answered on Sep 12, 2020

Yes, either of you can always go back and request to recalculate child support.

2 Answers | Asked in Criminal Law for Alabama on
Q: Charged with Burglary 3rd at 16 years old...

My 16 year old son acted dumb and entered a school that had been shut down for years and ended up being caught while walking out of the school. My son and 1 other boy were arrested and charged with Burglary 3rd. The other boy stole a half of a pack of printer paper, a used box of crayons, and a... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 11, 2020

Unfortunately, the intent to steal need not be formed when they entered the building; the law says entered or REMAINED UNLAWFULLY THEREIN thus if they were unlawfully in the school when the intent to commit theft was formed it counts as burglary. Notably, your son would have had to agree to the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My child is 1 years old, is their a law she doesnt ha e to spend the night weekend till shes 3yrs?

The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... Read more »

Kristine Jones
Kristine Jones answered on Sep 10, 2020

Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.

1 Answer | Asked in Child Support for Alabama on
Q: Do you have to have court order to collect child support?

My ex and I are not married, we have 2 kids and are separated. At this time I have a pfa against him and nothing was ordered of child support at the pfa hearing the judge just told him he needed to pay cs. Can we have a written/verbal agreement and it be legal. He is willing to pay child support... Read more »

Kristine Jones
Kristine Jones answered on Sep 10, 2020

Hello. No, it will not be legal unless and until it is a court order. Otherwise, you are at his mercy of when and how much he decides to pay. Contact DHR or hire an attorney to file for CS. Thanks for your question.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I am unwed, pregnant, & do not want the father of my child involved in the pregnancy. What are my rights in AL?

We were in a serious relationship during the beginning of me becoming pregnant however have since broken up. He has become manipulative & verbally abusive & I am considered to be a high-risk pregnancy. Can I have him not be involved at all in my pregnancy & prenatal care &... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 10, 2020

He does not have the right to bother you during your pregnancy. Contact him one last time and tell him if he bothers you again you will have him arrested. And then stop all contact. If he bothers you again call the police and have him arrested. When you go to the hospital and have the baby, do not... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Can defendant in uncontested divorce sign waiver to avoid response period or default judgement and proceed immediately?

Everything is agreed upon, he agrees to proceed without dispute. Does the waiver exempt us from needing to file an answer or wait through the response period

Kristine Jones
Kristine Jones answered on Sep 9, 2020

Typically the documents are filed all at one time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can i fill for full custody through dhr when i already been to the state

My husband took his childs mother to court for joint custody in December 2019 he got joint everything but he is on child support aswell a accident happened in may where she cameto my(his wife)mother house to fight left the car in reverse while child was in it now she has a pending child... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 8, 2020

You have a lot of questions in this and have not provided much information. You need to get to a family law attorney immediately. Also just for a short answer, yes he can get in trouble for not paying child support when he is ordered to, even though he hasn’t seen him. And probably yes, you need... Read more »

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