Alabama Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
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- 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
- 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 (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Alabama Questions & Answers
Q: My husband and I separated. We have been married 12 years and living together for 18. He has filed for divorce.
Kristine Jones' answer
Hello, you should seek legal counsel in your area to help you through the divorce process. Best of luck!
Hello, you should seek legal counsel in your area to help you through the divorce process. Best of luck!
Q: what happens in AL when the judge orders full custody. Do I get my child right away?
Shane Michael Oncale's answer
It is very uncommon for a judge to make a custody ruling directly from the bench following a trial and it is in fact not a good idea to do so. When something as important as the custody of a child is at stake emotions are very high and there have been numerous occasions when violence and even murder has followed an adverse ruling from the bench. For that reason most judges will delay entering a ruling even if they know when they leave the bench what the ruling will be. I would not count on...
It is very uncommon for a judge to make a custody ruling directly from the bench following a trial and it is in fact not a good idea to do so. When something as important as the custody of a child is at stake emotions are very high and there have been numerous occasions when violence and even murder has followed an adverse ruling from the bench. For that reason most judges will delay entering a ruling even if they know when they leave the bench what the ruling will be. I would not count on...
Q: Petition for an adult adoption in Alabama? Child will be 18 and step parent would like to adopt and change last name.
Kristine Jones' answer
A person is a minor until age 19 in Alabama. So it would not be an adult adoption. This sounds like it would be a familial adoption and as long as you and the minor have been living in the same house for 12 months, then you could file for adoption. You would need consent from both biological parents, or file to terminate the rights of whichever parent did not give consent. Adoption is largely a creature of statute. You are looking at 2-3+ court appearances to accomplish all this. I would...
A person is a minor until age 19 in Alabama. So it would not be an adult adoption. This sounds like it would be a familial adoption and as long as you and the minor have been living in the same house for 12 months, then you could file for adoption. You would need consent from both biological parents, or file to terminate the rights of whichever parent did not give consent. Adoption is largely a creature of statute. You are looking at 2-3+ court appearances to accomplish all this. I would...
Q: If I agreed to assume all transportation costs for visitation, can I amend this to have my ex share costs with me?
Shane Michael Oncale's answer
You can go back to court and seek an amendment of the current order anytime there is a material change in circumstances. The problem you are going to have is proving that something material has occurred that no longer makes it feasible for you to pay transportation costs. Short of a job loss or an extreme change in either her income or yours you are going to have a real hard time meeting this burden. If there are a number of things you want to change that are supported by a material change...
You can go back to court and seek an amendment of the current order anytime there is a material change in circumstances. The problem you are going to have is proving that something material has occurred that no longer makes it feasible for you to pay transportation costs. Short of a job loss or an extreme change in either her income or yours you are going to have a real hard time meeting this burden. If there are a number of things you want to change that are supported by a material change...
Q: What happens if my ex boyfriend lies in court so he can take child away from me?
Shane Michael Oncale's answer
Unfortunately many people come to court and lie. Fortunately, there are numerous features in the system that help to both expose a liar and to limit those things they can lie about. The most important feature is cross examination. If you are going into a contested proceeding you need a lawyer. It is that simple. A skilled lawyer will know how to question a liar and expose him and his story for what they are. Furthermore, there are the Alabama Rules of Evidence, particularly regarding...
Unfortunately many people come to court and lie. Fortunately, there are numerous features in the system that help to both expose a liar and to limit those things they can lie about. The most important feature is cross examination. If you are going into a contested proceeding you need a lawyer. It is that simple. A skilled lawyer will know how to question a liar and expose him and his story for what they are. Furthermore, there are the Alabama Rules of Evidence, particularly regarding...
Q: Can a 16 year old leave home with her child to live with her baby daddy ? Or is it illegal
Mr. James Parrish Coleman's answer
You are a minor and you getting pregnant and having a baby does not change that.
You are a minor and you getting pregnant and having a baby does not change that.
Q: What papers are needed for a dad to relinquish care of his 16 year old to a friend of the family, in Alabama
Kristine Jones' answer
Could be adoption or guardianship. You should seek out a family law attorney in your area who can discuss your specific situation and give you complete advice on which option is best for you and the child. Best of luck!
Could be adoption or guardianship. You should seek out a family law attorney in your area who can discuss your specific situation and give you complete advice on which option is best for you and the child. Best of luck!
Q: In alabama if my son joins the army at 18 will my childsupport stop even though it states on my papers to the age of 19?
Kristine Jones' answer
Child support will not stop without an action asking the court to stop it. Best of luck!
Child support will not stop without an action asking the court to stop it. Best of luck!
Q: What steps do I need to take to take the non custodial parent off of child support in Alabama?
Kristine Jones' answer
None. It would be the responsibility of the person paying child support to file an action to have it stopped.
None. It would be the responsibility of the person paying child support to file an action to have it stopped.
Q: Is my husband responsible for his ex-wife's lawyer fees if they go to court?
Kristine Jones' answer
Anyone who files an action in court may ask for the award of attorney's fees and court costs. It will be up to the judge if she is awarded them at the conclusion of the case. Best of luck!
Anyone who files an action in court may ask for the award of attorney's fees and court costs. It will be up to the judge if she is awarded them at the conclusion of the case. Best of luck!
Q: If someone is two years behind on child support payments, how much would need to be paid to avoid getting a warrant?
Mr. James Parrish Coleman's answer
ALways a good question! The smart thing would be to start making payments. I suspect these payments etc are set up through DHR. If you will contact them -- with a fist full of money -- they will allow you to pay current support and the arrearage. Good luck.
ALways a good question! The smart thing would be to start making payments. I suspect these payments etc are set up through DHR. If you will contact them -- with a fist full of money -- they will allow you to pay current support and the arrearage. Good luck.
Q: How does a teenager have to be to choose which parent to live with?
Mr. James Parrish Coleman's answer
A teenager (minor) can't choose who to live with. You can't choose. Simple as that.
A teenager (minor) can't choose who to live with. You can't choose. Simple as that.
Q: I was in an accident with each of us claiming the other ran a red light.
Peter Munsing's answer
Is it your policy adjuster who says that or their policy adjuster? What does the police report show? Where is damage to the cars? Wintesses? If you have collision file it with yours and ask them to go after the other persons.
Is it your policy adjuster who says that or their policy adjuster? What does the police report show? Where is damage to the cars? Wintesses? If you have collision file it with yours and ask them to go after the other persons.
Q: My husband and I share joint legal custody. I have physical custody. Can I give my child's father temporary custody.
Mr. James Parrish Coleman's answer
You can only do that through the Court. You don't have the power or authority to modify the Court's order.
You can only do that through the Court. You don't have the power or authority to modify the Court's order.
Q: I am working for a EMS company currently. The company I’m working for now purchased my tuition contract from my previous
Mr. James Parrish Coleman's answer
You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.
You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.
Q: I'm 19 and I just left home in the state of Alabama but I'm still in high school can my dad pull me out ?
Mr. James Parrish Coleman's answer
Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not want to.
Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not want to.
Q: Is there anyway to stop, or pause, child support payments without going back to court?
Kristine Jones' answer
Hello, the answer to you question is no. If he stops paying, the child support payments will accrue each month and he will owe interest on those payments as well. Two possible options, go to court and modify the support; or have him still pay child support to you, but you refund his payments by check for each month she stays with him. Best of luck!
Hello, the answer to you question is no. If he stops paying, the child support payments will accrue each month and he will owe interest on those payments as well. Two possible options, go to court and modify the support; or have him still pay child support to you, but you refund his payments by check for each month she stays with him. Best of luck!
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