Alabama Questions & Answers by Practice Area
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Alabama Questions & Answers
Q: Can you sue DHR for questioning a minor child without your consent
Mr. James Parrish Coleman's answer
THe Alabama Department of Human Resources is an enforcement agency and can question whoever they want to in the course of investigating abuse or neglect of children. If you have facts that you think would show that they acted improperly, you might take those to a lawyer, but also remember that you can't sue the State of Alabama because the state enjoys what is called sovereign immunity. You can't sue them.
THe Alabama Department of Human Resources is an enforcement agency and can question whoever they want to in the course of investigating abuse or neglect of children. If you have facts that you think would show that they acted improperly, you might take those to a lawyer, but also remember that you can't sue the State of Alabama because the state enjoys what is called sovereign immunity. You can't sue them.
Q: I just was awarded custody of my nieces and nephew how long do I still have to see dhr worker
Mr. James Parrish Coleman's answer
Did you get custody of the children, or does DHR retain custody and has simply placed the children in your home as a relative resource? There is a world of difference. It sounds like DHR still has custody of the children and that they are only in your home as a DHR placement with a family member. If that is the case, the boyfriend can't be around the kids unless he is drug tested -- period. Don't play games with them. They will pick those kids up in a second if you put them around him or refuse...
Did you get custody of the children, or does DHR retain custody and has simply placed the children in your home as a relative resource? There is a world of difference. It sounds like DHR still has custody of the children and that they are only in your home as a DHR placement with a family member. If that is the case, the boyfriend can't be around the kids unless he is drug tested -- period. Don't play games with them. They will pick those kids up in a second if you put them around him or refuse...
Q: Will I be able to get alimony from my husband if i was legally married to someone else the first 7 years we lived
Mr. James Parrish Coleman's answer
QUestions of alimony are fact driven and based on your need and his ability to pay. THere is no forumula for periodic alimony The property that the two of you own together or property that was acquired during the marriage or used during the marriage for the common benefit of the parties will be divided fairly between the two of you.
QUestions of alimony are fact driven and based on your need and his ability to pay. THere is no forumula for periodic alimony The property that the two of you own together or property that was acquired during the marriage or used during the marriage for the common benefit of the parties will be divided fairly between the two of you.
Q: Can an Alabama attorney fight on my behalf to get custody of my children in another state?
Mr. James Parrish Coleman's answer
You don't say where the case was tried. If it is an Alabama case your attorney in Alabama may be able to help you. If the case was begun in another state and remains there you will have to hire a lawyer in that state. I know of no state where the age of majority is 14.
You don't say where the case was tried. If it is an Alabama case your attorney in Alabama may be able to help you. If the case was begun in another state and remains there you will have to hire a lawyer in that state. I know of no state where the age of majority is 14.
Q: Married 2 years my husband did not want me to work his income is the only income we have can he be made to pay until I
Mr. James Parrish Coleman's answer
Your question is not very clear In a two year marriage you are not likely to get any periodic alimony. However, you contributed to marital assets you will be entitled to a fair share of the marital assets, that is anything that was acquired or used for the common benefit of the parties during the marriage.
Your question is not very clear In a two year marriage you are not likely to get any periodic alimony. However, you contributed to marital assets you will be entitled to a fair share of the marital assets, that is anything that was acquired or used for the common benefit of the parties during the marriage.
Q: Approx legal fees for intl. trademark application for an alcoholic spirit and non-alcoholic beverage?
Griffin Klema's answer
There is no such thing as an "international" trademark. Each country has its own trademark laws, but you can proceed under the Madrid Protocol to ensure that you are able to protect your trademark rights in various countries.
If you were going to pursue protection in all countries that are members of the World Intellectual Property Organization (WIPO), the filing fees alone would be approximately $21,286, not including attorney time. See the fee estimator here:...
There is no such thing as an "international" trademark. Each country has its own trademark laws, but you can proceed under the Madrid Protocol to ensure that you are able to protect your trademark rights in various countries.
If you were going to pursue protection in all countries that are members of the World Intellectual Property Organization (WIPO), the filing fees alone would be approximately $21,286, not including attorney time. See the fee estimator here:...
Q: There are 3 acres of land near my property that I want to buy. The person selling the property will sell it to me
Samuel G McKerall's answer
You can't do it quite that way, but you can do something like it. It involves buying something called title insurance. Go to a local title company and tell them that you are purchasing the property and want to have title insurance. They will research the title and give you a written title commitment, that will state the conditions under which they will agree to provide title insurance if you do buy the property. The title commitment will state exactly what problems there are with the...
You can't do it quite that way, but you can do something like it. It involves buying something called title insurance. Go to a local title company and tell them that you are purchasing the property and want to have title insurance. They will research the title and give you a written title commitment, that will state the conditions under which they will agree to provide title insurance if you do buy the property. The title commitment will state exactly what problems there are with the...
Q: If I care and support more than half of my son's expenses, can his mom put me child support because she wants welfare?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Mr. James Parrish Coleman's answer
That is an excellent question for a judge. If you are paying support now, you would be relieved of that burden if you are ordered to make a money payment to support your child every month. Have you ever been to Court with this? Now would be a good time to do, if you haven't been. You should that child support be set according to the income of the parties, you should ask for a regular visitation schedule, and you should stop paying for stuff directly.
That is an excellent question for a judge. If you are paying support now, you would be relieved of that burden if you are ordered to make a money payment to support your child every month. Have you ever been to Court with this? Now would be a good time to do, if you haven't been. You should that child support be set according to the income of the parties, you should ask for a regular visitation schedule, and you should stop paying for stuff directly.
Q: I have been with a man for 12 years and lived with him for 10. We are common law married. Am I entitled to my share?
Mr. James Parrish Coleman's answer
You would have to prove several things to make a common law marriage work. First, everything you prove must have happened before January 1, 2017 -- the date common law marriage was abolished in Alabama. To establish a marriage before that you must have evidence that shows that: 1) he intended to be married to you, 2) you intended to be married to him, 3) each of you had those intentions at the same time, 4) you held yourselves out to the community as a married couple, 5) you lived together as a...
You would have to prove several things to make a common law marriage work. First, everything you prove must have happened before January 1, 2017 -- the date common law marriage was abolished in Alabama. To establish a marriage before that you must have evidence that shows that: 1) he intended to be married to you, 2) you intended to be married to him, 3) each of you had those intentions at the same time, 4) you held yourselves out to the community as a married couple, 5) you lived together as a...
Q: if i decide to file Chapter 7, can i file ONLY on myself and my CC and loans that are only in my name if i am married
Stuart Nachbar's answer
You are entitled to file on your own. All of your debts must be listed, whether they are joint or single. The fact that your wife does not want to file is ok, but her income, if any, is part of the household income for the Means Test, so talk to a Bankruptcy Professional and look at both options.
You are entitled to file on your own. All of your debts must be listed, whether they are joint or single. The fact that your wife does not want to file is ok, but her income, if any, is part of the household income for the Means Test, so talk to a Bankruptcy Professional and look at both options.
Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody
1 Answer
| Asked
in
Child Custody, Family Law and Military Law
for
Alabama
on
Answered on Sep 16, 2017
Answered on Sep 16, 2017
Mr. James Parrish Coleman's answer
Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for a child while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person....
Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for a child while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person....
Q: My husband is having problems with the mother of his child she does not allow him to speak or see her . She moved to fl
Mr. James Parrish Coleman's answer
Does he have a court order that determines how custody and visitation is supposed to work? If so, did she give proper notice to him before she moved out of state? Tell your husband to get a copy of the order and read it and then file to make her obey. If there never was an order -- if he never went to Court -- then he should go now and have paternity established. He will, however, have to start paying child support.
Does he have a court order that determines how custody and visitation is supposed to work? If so, did she give proper notice to him before she moved out of state? Tell your husband to get a copy of the order and read it and then file to make her obey. If there never was an order -- if he never went to Court -- then he should go now and have paternity established. He will, however, have to start paying child support.
Q: If he's not working and order to pay 250 a month for childsupport and haven't made one payment can I file for contemp
Mr. James Parrish Coleman's answer
Yes, your attorney will have to file an action in the Court where the child support was ordered, and have him show cause why he should not be held in contempt for not paying if he is able to pay. Don't expect him to be thrown in jail, the court will order him to pay something up front and then start paying. It is also important to know how far he is behind.
Yes, your attorney will have to file an action in the Court where the child support was ordered, and have him show cause why he should not be held in contempt for not paying if he is able to pay. Don't expect him to be thrown in jail, the court will order him to pay something up front and then start paying. It is also important to know how far he is behind.
Q: We have offered my wife's uncle's will for probate. He had 2 parcels, one with house on it and other directly behind
Samuel G McKerall's answer
I wouldn't be drafting any deeds like that just yet, if I were you.
The will says what it says and the court is not going to be interested in what you think your wife's uncle probably didn't think.
If you've filed the will for Probate the Probate Court has jurisdiction and that is the Court in which you will have to raise the issue of what happens to the parcel behind the house. You'll need a lawyer. Your best bet would probably be to try to make a deal with the uncle's son, a...
I wouldn't be drafting any deeds like that just yet, if I were you.
The will says what it says and the court is not going to be interested in what you think your wife's uncle probably didn't think.
If you've filed the will for Probate the Probate Court has jurisdiction and that is the Court in which you will have to raise the issue of what happens to the parcel behind the house. You'll need a lawyer. Your best bet would probably be to try to make a deal with the uncle's son, a...
Q: My daughter is 18, graduated from high school, lives with grandmother Her mother is the primary custodial parent, but
Mr. James Parrish Coleman's answer
You must pay support as long as you are ordered to do so by the Court. If you want to try to modify child support you are going to have to show that your income has changed. You might show that the child does not live with the mother so the support should be going to the grandmother. At any rate, you will have to go to Court.
You must pay support as long as you are ordered to do so by the Court. If you want to try to modify child support you are going to have to show that your income has changed. You might show that the child does not live with the mother so the support should be going to the grandmother. At any rate, you will have to go to Court.
Q: My 15 year old brother and I are in a very toxic household. I am 20 & looking to move out and get custody of him.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Mr. James Parrish Coleman's answer
You would file a private custody petition and prove to the court that both parents of the minor child are specifically unfit parents. This is a very, very hard thing to prove. You'd have to show abuse, criminal activity or something really strong to show that you are the fit and proper person to have custody of your little brother. If you think you can get there, go see an attorney.
You would file a private custody petition and prove to the court that both parents of the minor child are specifically unfit parents. This is a very, very hard thing to prove. You'd have to show abuse, criminal activity or something really strong to show that you are the fit and proper person to have custody of your little brother. If you think you can get there, go see an attorney.
Q: Hi, my Aunt passed 5 years ago. The money was supposed to go to Syria, my family there couldn't accept it.
1 Answer
| Asked
in
Estate Planning, International Law and Probate
for
Alabama
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Jack T. Carney's answer
It sounds like a tough situation and the options really depend on a lot of facts about the case that cannot be efficiently conveyed here. In general if there was an Executor, I would assume there was an estate administration in the probate court. That court has/had jurisdiction over the assets and the Executor. The record of that court would be a great starting point. If the estate was not officially closed, the beneficiaries could request an accounting from the Executor. As you can see, there...
It sounds like a tough situation and the options really depend on a lot of facts about the case that cannot be efficiently conveyed here. In general if there was an Executor, I would assume there was an estate administration in the probate court. That court has/had jurisdiction over the assets and the Executor. The record of that court would be a great starting point. If the estate was not officially closed, the beneficiaries could request an accounting from the Executor. As you can see, there...
Q: Can my parents legally cut me out of their will in the state of Alabama or even the state of Florida? I am a daughter.
Mr. James Parrish Coleman's answer
Yes. Parents are perfectly free to disinherit children in a will.
Yes. Parents are perfectly free to disinherit children in a will.
Q: I'm 17. My girlfriend is 15, is there any way we can get married without parental consent? Her parents are abusive
1 Answer
| Asked
in
Child Custody, Civil Rights and Juvenile Law
for
Alabama
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Mr. James Parrish Coleman's answer
No. She is a minor and so are you. You can't get married without your parents consent and she can't get married at all. If you are having sex with her and she is under 16 and if you are more than 24 months older than she is you can be exposed to criminal prosecution for having sex with her. You need to get some good advice from you parents or someone who can help you sort this out.
No. She is a minor and so are you. You can't get married without your parents consent and she can't get married at all. If you are having sex with her and she is under 16 and if you are more than 24 months older than she is you can be exposed to criminal prosecution for having sex with her. You need to get some good advice from you parents or someone who can help you sort this out.
Q: I have court ordered child support from June 2000 that also included insurance coverage.
Mr. James Parrish Coleman's answer
Child support ends at 19 not 18. There is no requirement that he pay insurance on the child after 19 years of age unless that is spelled out in the order of the COurt. Read the order carefully and see what it says. It is possible that the insurance is spelled out that it shall be paid until she reaches age 25, but it is not likely.
Child support ends at 19 not 18. There is no requirement that he pay insurance on the child after 19 years of age unless that is spelled out in the order of the COurt. Read the order carefully and see what it says. It is possible that the insurance is spelled out that it shall be paid until she reaches age 25, but it is not likely.
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