Alabama Questions & Answers

Q: Ex girlfriend only allows me to see child when she feels like it. Have been paying non court appointed support. Visitati

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 23, 2018
Mr. James Parrish Coleman's answer
DO you have court ordered parenting time? Probably not. Make a filing in the same court that ordered you to pay child support and get court ordered parenting time.
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Q: Can my husband tell me I can't see my son bc of what his lawyer told him supposedly?

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 22, 2018
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Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Answered on Jun 22, 2018
Mr. James Parrish Coleman's answer
The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?
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Q: Do I need an attorney to file for my decease mother property I am the 6th child who paid the property in full

1 Answer | Asked in Probate for Alabama on
Answered on Jun 22, 2018
Jack T. Carney's answer
I would recommend that you speak with an attorney to protect your interest in the property. The specific facts will be important in your case (and many of them happened so long ago). Someone will need to review them closely and only then will be able to advise you as to how to protect your interest.

Another option may be to contact a title company and ask for information on the current title to the home. A title company can run a search and provide a report as to who has “good...
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Q: If you take your child's father off of Child Support will you be able to put him back on ? (Alabama)

1 Answer | Asked in Family Law and Child Support for Alabama on
Answered on Jun 22, 2018
Mr. James Parrish Coleman's answer
It is not up to you to "put on" or 'take off" child support. THe COurt orders that parents of children pay support. You don't make that decision. You can't use it as a bargaining chip.
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Q: Can a 16 year old date and have a child with a 26 year old that is single and has two kids in the state of Alabama

1 Answer | Asked in Juvenile Law for Alabama on
Answered on Jun 22, 2018
Mr. James Parrish Coleman's answer
First of all, "date" means go to the local burger joint together. It does not mean have sex with. THe 26 year old may well be contributing to the delinquency of a minor. She will probably not be liable on sexual abuse charges because his is 16 years old. The 16-year old, naturally, is all about having sex with a grown woman.You might consider a CHINS petition.
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Q: If my child’s father split upon finding out I was pregnant. When/if I file for child support does this give him right t?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jun 21, 2018
Mr. James Parrish Coleman's answer
I don't understand your question. A filing for child support through DHR does not give him any rights to visitation. He has to file for that.
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Q: Can someone please help!! I was arrested for Domestic Violence 3rd degree. Is there any way I can have this removed?

1 Answer | Asked in Domestic Violence for Alabama on
Answered on Jun 21, 2018
Mr. James Parrish Coleman's answer
Ask for an appointed lawyer in the criminal matter. Defend the criminal case. GO to the court where the charges are filed and file an affidavit of hardship and ask them to appoint a lawyer to you.
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Q: Can father refuse to give kids back after 3 day visiting in Alabama

1 Answer | Asked in Family Law for Alabama on
Answered on Jun 21, 2018
Mr. James Parrish Coleman's answer
You have to go to court. You have to hire an attorney, or get free help from legal aid in the County in which this is happening. You will have to file an action in the COunty where the children have been living.
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Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt

1 Answer | Asked in Adoption and Child Custody for Alabama on
Answered on Jun 20, 2018
Mr. James Parrish Coleman's answer
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 terminate their rights. After that's done, wait out the 14 day time for the order to become final and then file for an adoption.
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Q: My brother was named executor of my fathers will. It states that I am executrix if something happens to my brother.

1 Answer | Asked in Family Law for Alabama on
Answered on Jun 20, 2018
Mr. James Parrish Coleman's answer
Was the estate closed? In that case there should have been an executor's deed deeding the land to you and to your brother. His children may have inherited his portion. At worst you can do this with a "Sale For Division" if you can't agree. The property should have been divided before the estate was closed. Was the estate closed?

There are facts here that you need to look into. You probably need an attorney. Look for someone in your county who is familiar with both probate and real...
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Q: My husband filed for temporary custody of our 3 boys cause he thinks I've abandoned them. What do i need to do

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Consult with an attorney in your area. You have legal rights!
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Q: What is the man responsible for in non contested divorce Financially wise

1 Answer | Asked in Child Support and Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Potentially anything and everything he would be responsible for financially in a contested divorce. It really depends on what type of financial issues are involved.
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Q: What if I am not sure if my husband would agree on a uncontested divorce.

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
It depends on the individual attorney and agreement that is entered into between the Client and Attorney.

For example: In a case where a client has retained me for an uncontested divorce that later becomes contested; I just apply the amount of attorney fees already paid by the client to what retainer I charge (All of this by contractual agreement of course.)

To answer your question, not necessarily. It depends on what you and your attorney agree upon.
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Q: My daughter recently filed for divorce. Being a single mother my wife and i hired a local attorney in Baldwin County.

1 Answer | Asked in Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
If one party files for divorce and another party files too dismiss the case, the case will generally move forward. A hearing date would be set to hear the argument of both sides concerning the motion. In order to give you an answer concerning argument against the motion, I would need to see a copy of the motion that was filed and what arguments / issues that are being raised in said motion.
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Q: My father has Alzheimer’s and is in a memory care unit. My sister is his guardian re medical. A lawyer conservator

1 Answer | Asked in Family Law for Alabama on
Answered on Jun 20, 2018
Mr. James Parrish Coleman's answer
Several legal points. He can only evict you if you are a renter. If the taxes were paid by you, you simply paid taxes on behalf of the estate. Did you RENT the property from the estate or your father? If you are not a renter, his action for eviction is due to be dismissed. You need an attorney. Go get a lawyer to handle this for you.
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Q: I’m a grandparent my granddaughter has been statin with me over a year, now her father wants to be a father now

1 Answer | Asked in Child Custody for Alabama on
Answered on Jun 18, 2018
Mr. James Parrish Coleman's answer
What is your question?
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Q: My husband's 16 yr old son moved to Alabama to his sister's house. What paperwork do we need to do, if any?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Jun 18, 2018
Mr. James Parrish Coleman's answer
He is a minor. If she does not have custody of him, he can't enroll in school
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Q: How many months behind in rent do you have from not paying rent until landlord can begin the eviction process?

1 Answer | Asked in Landlord - Tenant for Alabama on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
Depends on lease agreement how rent default has been elaborated. Generally, LL initiate eviction process after non-payment of two consecutive months of rent.
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Q: Can a 16 yr old decide to permanently move away from home without parental consent.

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Answered on Jun 16, 2018
Mr. James Parrish Coleman's answer
You can't keep the child away from the parents. If there is a problem with the parents -- if they are unfit -- then a private custody petition would be in order.
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