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Alabama Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: can my ex take my son away from me at twelve years old?

Me and my ex were never legally married. There was never any legal custody arrangements made and although he does legally pay child support and signed an affidavit. His claim is that when my son turns twelve he can choose who he wants to live with. and then added he doesnt however want his daughter... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 13, 2020

No it is not true. He can petition the court for custody at any time, however he has to prove that there has been a material change in circumstances that promotes the best interests of the child in order to change custody. He’s bluffing you.

1 Answer | Asked in Child Support for Alabama on
Q: How can you get child support of you both agreed 8 years ago to none but he has nothing to do with the child or help?

We were divorced 8 years ago we have joint custody but it's more of I have full custody due to whenever he was suppose to have the child his parents had her. He only shows when its convenient such as birthdays and holidays. He claims her on income tax and I'm left with the... Read more »

Kristine Jones
Kristine Jones answered on Jul 13, 2020

Hello. There are several factual questions that need answering before you receive advice on going through DHR or not. Letting an attorney review your divorce documents will answer those questions and you can be properly advised at that point on whether you need to file in your DR case or open a... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: I’m 17 and don’t live with my mom and she is still getting child support for me.

The child support goes threw the state to her and she refuses to give any of it to me. I have text messages from her threatening to call the cops and report me as a run away if I ever tried to get the money. (My step dad and her both told me I wasn’t allowed to live there anymore but I have no... Read more »

Kristine Jones
Kristine Jones answered on Jul 10, 2020

Hello. The support is FOR you, it's not paid TO you. You're not an adult until you're 19. If you're not living with your mom, then it's your dad who needs to file and have support stopped.

1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Q: Can a Magistrate use a defendant's drivers history citing violations in other jurisdictions to set bond on a case?

The defendant has never had a case in this small municipal court. Has no open cases anywhere else. Has FTA from 10 years ago in another jurisdiction.

Travis T Juneau
Travis T Juneau answered on Jul 10, 2020

Yes.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: My dog has gotten my dad's deceased girlfriend's dog pregnant again. Do I get custody of the puppies by default?

So last month my dad's girlfriend passed away. However my dog and her dog are mates and are about to have another litter of puppies. The girlfriend's two children were left her belongings and her stepbrother is the executor of the will. Legally am I entitled to the litter even though my... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 10, 2020

Generally, in breeding contract situations where all breeders are actively involved, siring the puppies would give you an ownership interest if that was contracted for. Usually, though, a "stud fee" is paid for the male dog's "performance" so to speak. It sounds like this... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Alabama on
Q: My boyfriend borrowed a friends car (no insurance on car) with her permission. Something broke on the front end and he

Wrecked the car but didnt hit anyone else. She is threatening to press charges against him if he doesn't buy her another car by end of the week. The wreck just happened last night. Can she do that?

Samuel G McKerall
Samuel G McKerall answered on Jul 9, 2020

No, under the facts as you have given them she cannot do that. On the other hand, if it turns out he did NOT have her permission, then she can, but it won't get her anything since he will then have to be spending money on a criminal defense attorney.

But beyond that, and there's...
Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My sister has temporary custody of a friends child. The father helps out but the mother does not.

Can my sister petition the courts to have the mother pay some type of support payment? My sister already has 4 other children and the mother doesn't seem to care about her only child. I live in CA so I am not familiar with AL state laws. As far as I know, the custody order does not state that... Read more »

Kristine Jones
Kristine Jones answered on Jul 9, 2020

Hello. Yes, your sister can ask the court to award her child support from both the father and mother. Thank you for your question.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alabama on
Q: I am a private caregiver that was hired by a elderly couple sons. At the beginning of my employment a year ago one of

Their sons was asking my coworkers if they thought that I was a crackhead and at the end of my employment. That same son made some sexual advances towards me. This caught me off guard, had me extremely nervous, uncomfortable and scared. Because of my fear of him and loosing my job, when he asked me... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi, there is a claim called "quid pro quo" sexual harassment. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. Based on what you stated above, it sounds like your continued employment was tied to you going on a date with the... Read more »

2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

You should consult with an attorney to determine whether you can revive the application or if you have resubmit.

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1 Answer | Asked in Child Support for Alabama on
Q: If neither parent has custody, can both be ordered to pay child support to the guardian?
Kristine Jones
Kristine Jones answered on Jul 7, 2020

Good evening. Yes.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Hi,I need to know how to go about with getting custody papers served to another state?

I want joint custody, but the mother is in another state than I am.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 7, 2020

You will have to file in the county where the children reside. Then the sheriff of that county will serve her.

2 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: My wife is filing for divorce and we have a 5 yr old, we both have agreed on joint custody with no child support.

She asked me how much$ can I commit to giving a month for the Divorce paperwork she doing! Me and my wife make the same amount per hour yet she has other income from a hair salon owns & works by herself . With that being said am I still going to have to pay her something a month like child support?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 7, 2020

Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her... Read more »

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1 Answer | Asked in Personal Injury for Alabama on
Q: McDonalds 2day, my specialty order. The person in front of me dug through my food during covid-19. Lied 2me at window

I watched it happen, she lied to me at the window more than 3 times, the manager agreed she lied, put my life in danger 2day, I could possibly catch covid from this or spread to my immediate family. I have receipts to prove tgis, plus the manager said she had the girl on camera who gave me food... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

An Alabama attorney could advise best, but your post remains open for a week. This could be a challenging case in terms of substantiating damages. That's ordinarily done with medical documentation in injury cases. If this did not result in medical diagnosis/treatment/testing, it could be... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Girl is married while having baby and husband is signing the birth certificate. Am I responsible in Alabama?

Girl got pregnant, and started dating her husband 1.5 months into pregnancy. They got married and he is signing the birth certificate and wants to adopt the child. What needs to be done and would I have any financial responsibility if he signs the birth certificate and I wouldn't see the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 7, 2020

The legal father of the child is the man to whom the mother was married. If he never denies the child, and accepts the child as his, you cannot be held responsible for the child and you also cannot assert any right to the child. See Ex Parte Presse.

1 Answer | Asked in Child Support for Alabama on
Q: If my ex wife has died and my son is 30 years old do I still have to pay back child support

I was incarcerated in 2010 -2013. While I was incarcerated I had child support stopped in 2012. My son was 22 years old at the time. When I got out in 2013 my son didn’t want to see me and still wants nothing to do with me. In 2012 I owed $20;000 to chil support. In 2018 child support showed up... Read more »

Kristine Jones
Kristine Jones answered on Jul 6, 2020

Hello. Some interest is owed to the mom and/or some may be owed to the state. You would need to speak with an attorney in your area who handles child support in the county where your case was, in order to set up the proper payment plan in hopes of having it over sooner rather than later. The longer... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Who receives interest he owes if he pays it
Kristine Jones
Kristine Jones answered on Jul 6, 2020

It depdens. Interest can be owed to the custodial parent, the state, or both.

1 Answer | Asked in Family Law for Alabama on
Q: Can I leave home if I'm married at 16 in the state of Alabama ?

Im 16 and partner is 20.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 2, 2020

Yes if you are married. But you have to have your parents permission to get married since you are under the age of majority which is 19 in Alabama .

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.

Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can an 18 year old live away from his parents without their consent, without legal consequences for anyone involved?

Parents are trying to force a relationship on the child with someone the child decided to no longer have a relationship with.

Kristine Jones
Kristine Jones answered on Jul 1, 2020

Hello. No. 19 is the age majority in Alabama. When the child becomes an adult, then he/she can decide. Best of luck.

1 Answer | Asked in Family Law for Alabama on
Q: My daughter left her daughter approximately 1 1/2 years ago with me. Now wants her back bc she's mad at me. The child

The child doesn't want to go with her mother can I do anything?

Sheila Crumley Field
Sheila Crumley Field answered on Jul 1, 2020

Yes ma’am. Contact an attorney immediately and obtain temporary custody for a dependent child (one that doesn’t have a parent to take care of them). Let her explain to the court where she’s been for the last year and a half in her daughters life.

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