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and What acts affect this in Alabama and can grandparents still get visitation rights if not
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 
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
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
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.
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
Financially I can support the child but don’t have the extra money to hire a lawer
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
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.
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
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.?
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.
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
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
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
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
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
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
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
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.
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
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
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.
answered on Nov 16, 2017
If you want to do this you will have to file a private custody petition in Juvenile Court.
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
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.
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
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
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.
answered on Oct 20, 2017
No. You should go to Court and terminate the parental rights of the father.
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
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.
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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.
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.
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.
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
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.
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?
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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