Alabama Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
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
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.
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.
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
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?
The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?
Q: Do I need an attorney to file for my decease mother property I am the 6th child who paid the property in full
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...
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...
Q: If you take your child's father off of Child Support will you be able to put him back on ? (Alabama)
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.
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.
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
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.
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.
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?
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.
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.
Q: Can someone please help!! I was arrested for Domestic Violence 3rd degree. Is there any way I can have this removed?
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.
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.
Q: Can father refuse to give kids back after 3 day visiting in Alabama
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.
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.
Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt
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.
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.
Q: My brother was named executor of my fathers will. It states that I am executrix if something happens to my brother.
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...
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...
Q: What is the man responsible for in non contested divorce Financially wise
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.
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.
Q: What if I am not sure if my husband would agree on a uncontested divorce.
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.
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.
Q: My daughter recently filed for divorce. Being a single mother my wife and i hired a local attorney in Baldwin County.
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.
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.
Q: My father has Alzheimer’s and is in a memory care unit. My sister is his guardian re medical. A lawyer conservator
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.
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.
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?
Mr. James Parrish Coleman's answer
He is a minor. If she does not have custody of him, he can't enroll in school
He is a minor. If she does not have custody of him, he can't enroll in school
Q: How many months behind in rent do you have from not paying rent until landlord can begin the eviction process?
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.
Depends on lease agreement how rent default has been elaborated. Generally, LL initiate eviction process after non-payment of two consecutive months of rent.
Q: Can a 16 yr old decide to permanently move away from home without parental consent.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
