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Alabama Questions & Answers

1 Answer | Asked in Medical Malpractice for Alabama on

Q: My mom is a high risk patient & underwent a risky surgery due to misdiagnosis. The problem is back. Is this malpractice?

My mom is a high risk patient with a complicated health history. Just recently she had stents added to her legs for circulation and was told that she would be okay to drive the next day. She was in a car accident and had to be brought back into the hospital. The doctor gave advice to a patient who... Read more »

Timur Akpinar answered on Jun 18, 2019

You are correct. This is a very complex medical history and file. A med mal attorney could have a difficult time in making a determination here without examining patient chart and medical history in greater detail. The best place to start would be to contact med mal attorneys in Alabama (mentioned... Read more »

1 Answer | Asked in Divorce for Alabama on

Q: In AL. is it legal for judge to order 5 yr old not to call stepdad dad

Kristine Jones answered on Jun 17, 2019

Hello, it is common in settlement agreements for parties to agree that the distinctions of "Mother" and "Father" are reserved for the two parties getting divorced. Those agreements are turned into orders. Trial judges have a lot of discretion in what they can order, and this is part of that power.... Read more »

1 Answer | Asked in Estate Planning for Alabama on

Q: What does term in will mean : to serve in such capacity “without making bond or accounting “

Rebecca M. Wright answered on Jun 17, 2019

Any executor, devisee or legatee named in the will may probate a will. ALA. CODE § 43-2-851 requires the executor of a will to post bond. If bond is not waived in the will or if the petitioner is not named in the will as executor, then the probate court will require a bond.

In some...
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1 Answer | Asked in Car Accidents for Alabama on

Q: My Daughter was hit by a hit and run driver. My property was totaled what recourse do I have against the person.

Peter N. Munsing answered on Jun 14, 2019

If you don't have collision and the police haven't identified the driver there is no recourse. If you have identitified the driver sue the driver.

Your daughter would have a claim for "uninsured motorist" benefits as in most states uninsured motorist coverage applies to hit and run...
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1 Answer | Asked in Criminal Law for Alabama on

Q: How would you defend 2 theft of property 2nds and 1 theft of property 4 th.

Gary Kollin answered on Jun 13, 2019

With all my kill and experience

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on

Q: Is it possible to sue for violation of 42 U.S.C. 9501?

Mitchell G. Lattof Jr answered on Jun 13, 2019

Probably not. If you read this provision (also known as the Bill of Rights for Mental Health Patients), it does not appear to contain any mandatory language. It is merely a RECOMMENDATION from Congress to the states of what the states "SHOULD" do to provide for rights and treatment of mental health... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: Adultery, Divorce, Custody/Child Support and Alimony

My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »

Mr. James Parrish Coleman answered on Jun 13, 2019

You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: How long does a father pay child support after graduation? Child lives with mother plans to go to attend college.

Mr. James Parrish Coleman answered on Jun 13, 2019

Child support is payable until the child is 19 years old. If the child is self supporting, then the payor must go to court and show that.

1 Answer | Asked in Child Support for Alabama on

Q: Once child support is set are you required to go back to court to modify the amount as incomes change

She wants to go back with tax returns to modify for more

Mr. James Parrish Coleman answered on Jun 11, 2019

Child support can be modified when there is a change in income of 15% or more. You have to go to Court to do that.

2 Answers | Asked in Bankruptcy for Alabama on

Q: I cannot afford an attorny

So how do I remedy this without an attorny

Bruce Alexander Minnick answered on Jun 10, 2019

The first thing to do id to tell us what "this" is.

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1 Answer | Asked in Child Custody for Alabama on

Q: After age 19, is it true that a child in AL in college CAN’T get a part time job in order for child support to continue?

The child will still be primarily supported by the custodial parent. For child support to continue by the non-custodial parent past age 19, is the child NOT allowed to have a part time job while in college?

Mr. James Parrish Coleman answered on Jun 3, 2019

First, when was the order rendered? If the order is after a case called CHristopher, then no child support can be ordered after the child turns 19. If the order is pre-Christopher, then college expenses can be part of the order. However, the amount of the support is based on need and would depend... Read more »

1 Answer | Asked in Child Custody for Alabama on

Q: My wife and i seperated in Dec. It is now June and she has currently been living with another man ever since she left

She has no job and hasn't had one in over two years. She depends on him and he barely works 40 hours a week. They constantly leave firearms laying around in the living room and on counter tops where her oldest (5 years old who she only gets every other weekend and is supposed to be paying child... Read more »

Mr. James Parrish Coleman answered on Jun 3, 2019

You are on the right track in filing for a divorce. You should ask for custody of the child and be ready to try the case. Your best option? Hire an attorney who knows how to try a case like this. You should ask for custody of the child during the pendency of the divorce

1 Answer | Asked in Family Law for Alabama on

Q: Mother is married for immigration purposes. How can the husband disestablish paternity without going to court?

Mother married an immigrant so he can get his green card. Biological father wants to see his kids but the mother refuses to let him see his children. He took her to court and told the judge she is married. By law the immigrant is the legal father. The biological father hasn’t seen his children in... Read more »

Mr. James Parrish Coleman answered on Jun 3, 2019

You can get all of this done with a court order, but you can't do it without going to Court. The mother should file a paternity action in the county where she and the children live.

1 Answer | Asked in Immigration Law for Alabama on

Q: I am in EB2 priority date 2011 waiting for GC for the last 8 years, I am looking for options to convert to EB1

Kevin L Dixler answered on Jun 2, 2019

Not a lot of people can ‘successfully’ do so. I strongly recommend a teleconference with a competent, ethically considerate and experienced immigration attorney with time to advise and investigate before you take action found to be without merit by the USCIS. Good luck.

1 Answer | Asked in Criminal Law for Alabama on

Q: My court is on july 31 2019 for theft of services in the 4th degree fine 500.00

I have recently been shot twice both fatal and currently living in a tent in florence al a girl called me a taxi i stated i have no money she said ill pay when you get here so i left florence and ended at Sheffield al she wasnt around my total was 12.50 i told the lady driver i have no money and im... Read more »

Gary Kollin answered on Jun 1, 2019

If you want someone to understand your question, then do not write a single run-on sentence. Parse it. Write in sentences beginning with a capital letter ending in a punctuation mark.

1 Answer | Asked in Child Custody for Alabama on

Q: Can the biological father get custody of his kids if the mother is married?

Mother is married. Is there anyway to get around this besides doing an establishment of attorney?

Mr. James Parrish Coleman answered on Jun 1, 2019

If the child was born during a marriage, the legal father of the child is the husband of the mother. If he does not deny the child, then the biological father has no rights to the child and cannot even bring a lawsuit. See a case called Ex parte Presse. There is no way around this. The situation is... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: Does child support automatically end when the child turns 19?

I have two step-children. One is 20 and the other will be 19 soon. My husband is still paying the same amount as he was before the oldest turned 19. I'm just wondering if child support will end automatically when the youngest turns 19 or if there is anything he needs to do? We still intended to... Read more »

Kristine Jones answered on May 31, 2019

Hello, no, child support does not automatically terminate when children turn 19. When a child turns 19, you should file for a modification to have it recalculated or terminated depending on if it is one child or several one is paying support for per a court order. So the answer to your question is... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on

Q: Husband and I was charged with DV 3rd harassment dual arrest no aggressor. State has issued us a protection order.

Neither one of us touched the other we have no marks of the such. What should we do, or maybe can be done?

Brian Joseph Lockwood answered on May 30, 2019

You need to contact an attorney in your local area as soon as possible. The charge is of a type that can haunt you on background checks, etc., if not handled properly.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: Do I need to petition for custody?

I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... Read more »

Mr. James Parrish Coleman answered on May 30, 2019

DHR can only help you with support. If you want to settle custodial issues you must file your own action. The court will hear both of them at the same time, however.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on

Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

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