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Alabama Adoption Questions & Answers
1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: if parents have given up custodial rights to a distant family member but not parental rights can 1 get it back

and What acts affect this in Alabama and can grandparents still get visitation rights if not

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 5, 2018

Yes. If parental rights have not been terminated the parents can always come back and petition the court for a return of custody. It can be a long and difficult process but it is possible. Grandparents can get rights to visitation under a vary narrow set of circumstances exist and may be... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on
Q: What can be done? How old can a child be to request a name change or adoption? Can we terminate rights?

Bio dad hasn't spoken to him in 1 year. Even after going to court in May he has made 0 effort to call,or text our son. Visitation has not been set up as our judge is making us go to a parenting class. We are being sent to a child first class, however we were.never married, but he's on the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2018

If he has not supported the child with money, contact or anything else for a period of 6 months or more you can attempt to terminate his rights on the ground of abandonment. The fact that you were not married, etc, is not relevant. If he has abandoned the child you can attempt to terminate his... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: can we adopt my grandson without mom’s consent.

She voluntarily gave her rights to us almost 2 years ago. Father is deceased. Before this we had temporary custody for a year. Now she wants to be mom. She is allowed to see him 4 hours a week. She never makes the effort to come. We have to take him. Now she’s threatening us for her rights back.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I have a friend that is pregnant and wants me to take her baby after it’s born do we need a lawyer?

Financially I can support the child but don’t have the extra money to hire a lawer

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

You have no idea what a mess you are about to make. The mother retains her rights to the child. What are you going to do when she decides she wants the child back when he or she is about 2-years old? What if the biological father of the child decides the same thing? Have you ever done an... View More

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: I have legal temp custody of my stepdaughter. Both of her biological parents are not actively involved. Can I adopt

Do I have to terminate the rights of both parents to adopt or can I terminate one. How long should I wait? Its already been two years.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 20, 2018

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... View More

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: How to go about getting custody if my 15 year old brother

I am 24 married with two kids my little brother that is 15 ask my husband and I if we would get custody of him are parents are separated and are mother said she would sign me her rights... but the question is how do I go about getting my dads rights if he won’t let me.?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 13, 2018

You go to court and prove that the parents are specifically unfit to be parents to the child. THis is called a private custody petition. This has to be done in Circuit Court. YOu need a lawyer.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: My Husband wants to adopt my daughter. what are the steps we need to take

Her "Father" pays child support every once in a while. we never married. He only sees her maybe once a month.

The child support was done through DHR. I have asked him if he would sign his rights over and he always says no. but my daughter doesn't even call him daddy unless... View More

Kristine Jones
Kristine Jones
answered on May 8, 2018

Adoption and name-changes are two very different things in the eyes of the law. If it's an adoption, then you would need the father to willingly terminate his rights, or file a motion to terminate parental rights. If it is a name change only, then he would also likely need to consent, but it... View More

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: My daughters father has not been in her life for 10 years and she wants her stepdad to adopt her. can this be done

She is 15. He does not live in the same state as us, and we have had no contact with each other and when she was 5 we filed a police report about sexual abuse against him but nothing ever happened to him they said they could not prove it and she hasn't seen him since

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 28, 2018

Yes. You should terminate his parental rights in a case like this -- I believe. You can do an adoption without doing that, but I prefer to terminate when I don't have an agreement. It may be different if your Probate COurt has equity power (assuming you are in Jefferson County) In any event.... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Want to adopt a child that Im not kin too but have mentored.

She spent months in our home , and now she's with the grandmother's ex boyfriend living in a camper , and dhr in Cullman is OK with this .. she's 6 I think . My home is paid for, active in church , own my business ... But mostly I love this child I want to see her become all she can... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 26, 2018

You should go see an adoption lawyer. You will have to either get the parents to consent to the adoption or you will have to terminate their parental rights. Go see a lawyer.

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

Adopt my son and my ex husband is willing to sign his rights over but wants me to have back child support dropped and what he has to pay the state dropped before he signs his rights over. What's the best way to deal with this situation? He can't and won't show up before a judge... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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... View More

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: What is the likelihood for me to attain custody of my 4 year old nephew?

He lives with an abusive grandmother. The mother runs the streets and the supposed father has multiple drug related arrests. The mothers only interest would be during tax season. Proof of mental abuse can be easily proven through taped instances, and questioning of both her and the child.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 16, 2017

If you want to do this you will have to file a private custody petition in Juvenile Court.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Alabama on
Q: my ex lives in another state do I have to be there to file custody paperwork?

my ex lives in Alabama I live in Pennsylvania she has been arrested on drug charges I want to file for custody and to establish that I am her father, I have the DNA results from a state certified DNA service. do I have to be present for such hearings and or too start the filing process to go about... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 27, 2017

This is your second question on this. Jurisdiction will be proper where the child lives if this is an original filing. You will have to hire a lawyer in State and County where the child lives.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: my ex is hiding my daughter from me and is a active drug addict.

I had a daughter with my ex who lives in South alabama 7 years ago we had agreed I would have partial custody (verbal not through court) then she started making bizarre demands and after finding out she was addicted to cocaine and meth I said I was going to seek full custody at which she... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 26, 2017

You can't make agreements about children "not through Court" you should file an action in the Court in Alabama (if that is where the child lives) and seek to have paternity established in you. You can file for custody, but the court is going to make that hard for you because you have... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: can I change my son's last name without his father's consent?

My son is 5 years old. His father has never paid child support or supported him in any way. I have no interest in filing for child support. I just want my son's last name to be the same as mine.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 20, 2017

No. You should go to Court and terminate the parental rights of the father.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: i was put in my uncles care because my mom and my cousins grandma is trying to get custody is their an easy process?

i was took away from my mom because she was a drug addict and recently my uncle found out my cousins grandma was trying to get me and he was not very happy about that is their a really easy process for this to go into place, me and my uncle do not get along very well

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 19, 2017

The parent who wants custody of you will have to go to the Juvenile Court and ask for custody of you. I assume you were placed with your uncle by DHR.

1 Answer | Asked in Family Law, Adoption and Child Custody for Alabama on
Q: As the legal parent, can I close my ex's parent's custodial account?

.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 10, 2017

I don't know what a "parental termination contract" is. The father's parental rights were terminated by a Court order in Juvenile Court. The owner of the account can close the account. If you own it, you can close it. If you don't you can't.

1 Answer | Asked in Family Law, Adoption and Child Custody for Alabama on
Q: I've been keeping my brother (7) and sister (2) since July. How can I gain custody without taking my mother to court?

My father passed away and my mother doesn't want to do anything but party now. I would like to avoid asking her for custody because she will take them from me even though she is unfit as a parent.

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

you cannot gain custody without going to court. you should file a dependency petition which means that the children are dependents of the state because their biological parents are either unable or unwilling to care for the minor children.

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: In not sure what it is, I have a copy of a decree of adoption. I had a stroke (expressive aphasia) prior to signing

I didn't really know what I was getting myself into and my kid.... But it is a paper that William Oswalt (probate judge Fayette, Al) had to sign . I hope you could lead me in the right direction because every baby needs their mom and my life isn't right without my kid(s) in it

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 28, 2017

You need to go to a lawyer and learn what has happened. You probably gave your child up for adoption. Go to an attorney.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: I gave custody to my dad and stepmom by signing a waver in their attorneys offc,

My dad died shortly after so when court was adjourned he want present due to his death, the court awarded my stepmom a decree of adoption; is there a procedure that I could do to get my rights back to my child?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 27, 2017

You are not specific enough for me to be able to tell what you signed. Did you sign a consent to an adoption? If you didn't, you would have had notice of an adoption. I don't know what a "waiver" is here. Tell me what you signed, copy right from the paper, and I can tell you... View More

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