Alabama Questions & Answers

Q: My son lives with me but his mom wants child support! Will it be granted to her?

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 18, 2017

Have you ever been to Court over this? A judge will have to adjudicate paternity to you before mom can even begin to ask for child support. If the child lives with you she will not be successful in having you pay support. If you and the child have lived in a state other than Alabama you should go to the court in the home state of the child to deal with issues of paternity, support and visitation.
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Q: Would you still be liable for child support if you give up your parental rights in Alabama?

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 17, 2017

You might be. Many people believe that you will not be liable for child support after your rights are terminated. THat is not true. You CERTAINLY will be responsible for past support. THe way out is to make sure the child is adopted and not a burden on the state.
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Q: Is it legal for my step dad put me on child support for my own children?

1 Answer | Asked in Child Support and Family Law for Alabama on
Answered on Nov 17, 2017

You are going to have to provide more details than this before I can answer
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Q: Can I file for emergency custody if bio dad has filed for custody and to be legitimized in different state

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 17, 2017

Has custody ever been determined in any Alabama action? If you and your husband were married to one another when she was born, and your husband raised the child as his, then he cannot get custody under a case called ex parte Presse. HOwever, your facts are probably a little different because you have apparently been exercising visitation with the biological father, whom you now wish to cut out. You need to get a lawyer and get some help with this. This is a complicated multi-jurisdictional...
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Q: I am a dad trying to change from Joint Legal/Primary Physical to SOLE custody?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Nov 17, 2017

You can petition the Court to modify custody, but you must carry the McClendon Standard to show that the mother should not see her child. You can certainly go back to court and ask for child support. You will get that, unless she is disabled.
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Q: How do I proceed if I need to modify my cs order to include things previously left out that have become an issue?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Nov 16, 2017

You can go back to court to attempt to have him pay half of the uncovered medical expenses. Rule 32 anticipates health care expenses, but does not apply to extracurricular activities. You probably will have no luck there. His impression that you mention is basically correct. You can modify support if his income has increased by 10 percent or more. Hire someone to help you with this. Mobile county Courts are difficult to navigate without counsel on these issues.
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Q: I have been out of work for 7 months, due to moving. How much child support will I owe? I notified her a month in advan

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 16, 2017

You owe whatever the order says you have to pay. You don't get to stop paying child support because you are not working -- unless you get a court order relieving you of that obligation.
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Q: Does a new property owner/landlord have the right to request a copy(from tenant) their old lease under previous owner

1 Answer | Asked in Landlord - Tenant for Alabama on
Answered on Nov 16, 2017

You may refer him to get a copy from ex-lessor who was bound to share a copy of lease prior to disposal.
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Q: M ex husband hasn't seen my son since he was 2 and he is now 11.I have since then remarried and now my husband wants to

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Answered on Nov 16, 2017

YOu can "drop" the back child support. THe child support is a final judgment of the Court and will stick no matter what. You don't have to pursue it, but you can't drop it. If he does not want to sign-- so what. File a Petition to Terminate his rights in the Juvenile Court. Make sure he gets served. If you can't serve him -- this is one place where he can be served in Juvenile Court by publication. If he does not show up, you win. If he does show up, your attorney will put the facts before the...
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Q: What is the likelihood for me to attain custody of my 4 year old nephew?

1 Answer | Asked in Adoption and Child Custody for Alabama on
Answered on Nov 16, 2017

If you want to do this you will have to file a private custody petition in Juvenile Court.
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Q: I’m 15 years old and my boyfriend is 19, we are 3 years and 8 months apart can we date legally without parental consent?

1 Answer | Asked in Juvenile Law and Criminal Law for Alabama on
Answered on Nov 15, 2017

By "date" I assume you mean have sexual intercourse with you. If your 19 year old boyfriend has sex with you he will have committed a crime. You might want to read Section 13A-6-62 of the Code of Alabama. Your father is correct. He would will commit rape in the second degree if he has sex with you.
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Q: Do we have claim to our cat, even though her adoption papers are in the name of our roommate?

1 Answer | Asked in Contracts, Personal Injury, Animal / Dog Law and Small Claims for Alabama on
Answered on Nov 15, 2017

The cat is property. Cats are not actually "adopted" under Alabama law. The documents which transferred ownership of the cat probably show that she owns the cat. UNless you can show that you own the cat, you are probably out of luck.
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Q: How do i get temporary custody of my child until i can get divorce papers drawed up? Hes a drug abuser, unfit, violent

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 14, 2017

File a temporary motion with the Court.
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Q: DHR took child from the mother and did not inform the father. Is that legal? They placed child with maternal grandmother

1 Answer | Asked in Family Law for Alabama on
Answered on Nov 14, 2017

They have or are attempting to serve you . If they have to act on an emergency basis they can do that without your being served. However, you will get your day in Court. Accept service and ask the Court for custody. They have to show that you are specifically unfit to direct custody to someone other than you.
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Q: If a mother gives up full physical and legal custody of a child can they petition for a change of custody

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 14, 2017

She can always Petition for a change of custody, but it is unlikely that she can carry the required burden.
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Q: My husband is paying his daughter's mom child support but she lives with him how does he stop this?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Nov 14, 2017

Pretty simple. He goes to the court that issued the child support order and says, there is a material change in circumstances and HE wants custody of the child. If not, the child support is or can be directed to whomever is taking care of his child. IN any event, he has to pay child support unless and until he has custody of the child or until she is 19
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Q: I have custody of my 17 year old niece, she wants to move out. How do I give up my rights to her?

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 14, 2017

You will have to ask someone who can tell you the law in Fla. where I assume the order of custody came from
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Q: My sister in law is refusing to return my children. She has filed a motion of some sort what can i do to fight this?

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Answered on Nov 14, 2017

Simple solution is that children move out with their mother along with belongings if she can well afford kids living without break to their current school. This may address your concerns.

To render a specific advice, let me know where your wife is currently living : with you or separately? If with you, would you both be able to provide a reasonable environment for children to live in?

Ass to your fear that your sister in law may seek custody of children is not that easy....
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Q: If the father have sole custody of the child and is on probation will the judge return the child back to the mother

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Nov 13, 2017

THere is just no way to know. These kinds of things are fact driven -- and there are not sufficient facts set out here.
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Q: My wife and I have been married for ten months. Separated for the last two weeks, however, two days before the seperatio

1 Answer | Asked in Divorce for Alabama on
Answered on Nov 13, 2017

The animals are property and will be part of a property settlement. You will not be ordered to pay support to her. The Court will decide who gets what in a property settlement. It is not likely that the Court will order counseling in a case with no children.
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