Alabama Questions & Answers by Practice Area
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- Legal Malpractice
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Alabama Questions & Answers
Q: Can the noncustodial parent take the child out of state during visitation without custodial parent agreeing?
Mr. James Parrish Coleman's answer
If your order does not say the other parent cannot do that, then the other parent can take the child out of state. Your order, if carefully drafted, will contain language that says that each of you must tell the other when you are traveling giving an approximate itinerary. Don't confuse relocation with visitation. In sort, unless your order or settlement agreement says the child can't go out of state, the other parent can take the child out of state.
If your order does not say the other parent cannot do that, then the other parent can take the child out of state. Your order, if carefully drafted, will contain language that says that each of you must tell the other when you are traveling giving an approximate itinerary. Don't confuse relocation with visitation. In sort, unless your order or settlement agreement says the child can't go out of state, the other parent can take the child out of state.
Q: My husband has somewhat recently started bullying and threatening to keep my son from me what can I do to make this stop
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Mr. James Parrish Coleman's answer
If you can't do anything legally, you can't do anything. If you can't hire a lawyer, try to get help from a free legal clinic. You and he have the same rights to the child, but you have to get into Court with a divorce to make any court enforceable rules.
If you can't do anything legally, you can't do anything. If you can't hire a lawyer, try to get help from a free legal clinic. You and he have the same rights to the child, but you have to get into Court with a divorce to make any court enforceable rules.
Q: Can a Chancery Judge be sued? If so, under what circumstances (i.e. what actions by the judge COULD warrant a suit)?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Family Law
for
Alabama
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Mr. James Parrish Coleman's answer
You need to ask a Mississippi Attorney. There are no chancery courts in Alabama
You need to ask a Mississippi Attorney. There are no chancery courts in Alabama
Q: my mother died in the state of Alabama there is no will and I live in another state what do I do
Jack T. Carney's answer
Oftentimes the first step in determining what to do next after a loved one passes away is to look at any assets that may be in that person's name. If you are unable to access any assets, then you would need to speak with an attorney about a probate administration or a probate alternative. The purpose of a probate is to transfer assets from the name of the decedent to the appropriate heirs. A good first step is to make a list of all assets in your mother's name and determine how each is...
Oftentimes the first step in determining what to do next after a loved one passes away is to look at any assets that may be in that person's name. If you are unable to access any assets, then you would need to speak with an attorney about a probate administration or a probate alternative. The purpose of a probate is to transfer assets from the name of the decedent to the appropriate heirs. A good first step is to make a list of all assets in your mother's name and determine how each is...
Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being
Mr. James Parrish Coleman's answer
If you are divorced, you are too late. You should have raised those issues at trial.
If you are divorced, you are too late. You should have raised those issues at trial.
Q: can we adopt my grandson without mom’s consent.
Mr. James Parrish Coleman's answer
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
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
Q: My husband is paying child support for his 25 year old child. The actual support owed is $5000 however the interest is
Mr. James Parrish Coleman's answer
Child support is a final judgment. A judge can't just waive the interest. see State ex rel. W.M.E. v. G.C.
Supreme Court of Alabama. March 18, 2011 73 So.3d 593
Child support is a final judgment. A judge can't just waive the interest. see State ex rel. W.M.E. v. G.C.
Supreme Court of Alabama. March 18, 2011 73 So.3d 593
Q: My ex-wife just moved and will not give me the address, she will only provide a PO box... is that legal?
Mr. James Parrish Coleman's answer
If you have children together she must provide a physical address where the children live pursuant to the Alabama Child Relocation Act
If you have children together she must provide a physical address where the children live pursuant to the Alabama Child Relocation Act
Q: What are the range of legal fees to have an Alabama "Survivorship Deed and Will processed legally?
Jack T. Carney's answer
An attorney cannot really provide a fee range until learning a lot more about the situation. Most attorneys would bill hourly for their work, which is a pretty fair method for all parties. It can be difficult to obtain pro bono assistance for estate matters (as there are assets), but if your income is low and the assets are not liquid, you may qualify for a legal assistance program. In the Birmingham area we have Volunteer Lawyers Birmingham (https://vlpbirmingham.org). You may have a...
An attorney cannot really provide a fee range until learning a lot more about the situation. Most attorneys would bill hourly for their work, which is a pretty fair method for all parties. It can be difficult to obtain pro bono assistance for estate matters (as there are assets), but if your income is low and the assets are not liquid, you may qualify for a legal assistance program. In the Birmingham area we have Volunteer Lawyers Birmingham (https://vlpbirmingham.org). You may have a...
Q: Dose properly in a father's name go to his children?
Jack T. Carney's answer
If assets are in an individual’s sole name and that individual leaves a valid Last Will and Testament, then the assets pass pursuant to that Last Will and Testament. The key here is “valid.” The Will must be offered for probate and proved to be the Last Will. The children (as the heirs at law) would have the right to challenge the validity of the Will if there is any basis to make that claim.
In general some reasons to challenge a Will include: (1) the decedent didn’t have the...
If assets are in an individual’s sole name and that individual leaves a valid Last Will and Testament, then the assets pass pursuant to that Last Will and Testament. The key here is “valid.” The Will must be offered for probate and proved to be the Last Will. The children (as the heirs at law) would have the right to challenge the validity of the Will if there is any basis to make that claim.
In general some reasons to challenge a Will include: (1) the decedent didn’t have the...
Q: Will Alabama drop any interest on child support arrears when Chapter 13 is filed?
Timothy Denison's answer
Consult your bankruptcy attorney but because it is attached to a domestic support obligation, it likely will not be discharged.
Consult your bankruptcy attorney but because it is attached to a domestic support obligation, it likely will not be discharged.
Q: Inspection contigency of home buying contract
Mr. James Parrish Coleman's answer
Because I don't know what your contract for sale says, there is no way I can answer your question. The contract should set out that if the inspection reveals issues that should be repaired that you can get out of the deal and get your earnest money. But.... I don't know what the contract says and that's what determines what your rights are.
Because I don't know what your contract for sale says, there is no way I can answer your question. The contract should set out that if the inspection reveals issues that should be repaired that you can get out of the deal and get your earnest money. But.... I don't know what the contract says and that's what determines what your rights are.
Q: In the state of alabama can a 10 year old child watch a 4 year old and a 2 year old by themselves for 8-9 hours?
Mr. James Parrish Coleman's answer
There is no statute on this, but it sure violates the law of common sense. The Department of Human Resources would not smile on such. If you are doing it, stop. If the children are the subject of a custodial order, you should go to court. If you know something about this you should consider reporting this to the Alabama Department of Human Resources.
There is no statute on this, but it sure violates the law of common sense. The Department of Human Resources would not smile on such. If you are doing it, stop. If the children are the subject of a custodial order, you should go to court. If you know something about this you should consider reporting this to the Alabama Department of Human Resources.
Q: My Aunt passed away 3 days before signing her will to leave everything to me her niece. Next of kin is her brother.
Jack T. Carney's answer
I am not quite sure I understand the exact specifics of your situation, but if you have a valid Last Will and Testament that names you as the beneficiary of an estate, then it really does not matter what any one says about it, you would be the beneficiary. However, the Will must be "proved" to be the valid Last Will and Testament of the deceased and that proving process is what we call "probate." It sounds like you really need to speak to an attorney to see if you need to take any additional...
I am not quite sure I understand the exact specifics of your situation, but if you have a valid Last Will and Testament that names you as the beneficiary of an estate, then it really does not matter what any one says about it, you would be the beneficiary. However, the Will must be "proved" to be the valid Last Will and Testament of the deceased and that proving process is what we call "probate." It sounds like you really need to speak to an attorney to see if you need to take any additional...
Q: Landlord wont give deposit back after told her 5 days after we sign I couldn't move in.
Salim U. Shaikh's answer
Deposit has to be refunded where there is no claim by LL once a tenant moved out. If deposit is not paid back after a lapse of 30 days then tenant may sue LL in a Small Claim Court who may order for double, Attorney's fee; plus other expenses so incurred as well as damages etc. etc.
Deposit has to be refunded where there is no claim by LL once a tenant moved out. If deposit is not paid back after a lapse of 30 days then tenant may sue LL in a Small Claim Court who may order for double, Attorney's fee; plus other expenses so incurred as well as damages etc. etc.
Q: Can the courts order my wife to let my children call me every 2 days or so? Can she take them out of state before trial?
Mr. James Parrish Coleman's answer
Call your local bar association and ask where you can find a pro bono attorney.
Call your local bar association and ask where you can find a pro bono attorney.
Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?
Angelina Bradley's answer
If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.
Good luck!
If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.
Good luck!
Q: Follow up question if his employer is liable for child support they aren't collecting... what do I need to do about that
Mr. James Parrish Coleman's answer
Petition the court to have the employer come to Court and explain to the judge why the employer is not obeying the Court order.
Petition the court to have the employer come to Court and explain to the judge why the employer is not obeying the Court order.
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