Alabama Child Custody Questions & Answers

Q: My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

1 Answer | Asked in Child Custody and Divorce for Alabama on
Answered on Apr 2, 2019
Shane Michael Oncale's answer
In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the issue of who is the "primary care giver" is an important one and with the child out of your custody the mother will definitely be able to establish that fact in her favor. A delay can be costly. Seek...

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Answered on Apr 2, 2019
Kristine Jones' answer
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with an attorney in your area to discuss the entirety of your specific issue. You may also want to ask about terminating his parental rights, but again, that is a question for you to ask in a consultation...

Q: My ex husband claims he moved into an apartment but is unwilling to show me either: time stamped photos of the

1 Answer | Asked in Child Custody for Alabama on
Answered on Mar 25, 2019
Shane Michael Oncale's answer
The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are certainly other provisions in your agreement/order that have to do with you being kept abreast of his current address etc. Generally you will not be required to send the child with him without any idea...

Q: Can I file a petition for custody of a child that is not related to me? She does not want to go back home.

1 Answer | Asked in Adoption and Child Custody for Alabama on
Answered on Mar 25, 2019
Mr. James Parrish Coleman's answer
Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.

Q: Can I legally obtain my children from a saftey plan still have my custody nor has judge told me i have lost my rights

1 Answer | Asked in Child Custody for Alabama on
Answered on Mar 21, 2019
Shane Michael Oncale's answer
It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether to involve the legal process. You mention a judge. If. your case is in the litigation process there is an Order in place and you need to follow that Order. In any event you should never take any...

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Mar 21, 2019
Shane Michael Oncale's answer
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child...

Q: If a mother can be proven unfit can she be put on child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.

Q: Need an attorney for divorce, in accident have no income where do I get help in athens or huntsville Al

1 Answer | Asked in Child Custody and Divorce for Alabama on
Answered on Mar 11, 2019
Kristine Jones' answer
Hello, I believe there is a volunteer lawyers program in Huntsville. If you can't find a local number, you can call the state bar at 334-269-1515 and ask them. Best of luck!

Q: I have a child that is 14 that lives with mother but i was told he takes care of himself and she is never home.

1 Answer | Asked in Child Custody for Alabama on
Answered on Mar 10, 2019
Shane Michael Oncale's answer
You can file a petition seeking custody (but you better have your proof lined up first). You can notify DHR and let them open an investigation.

Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Mar 10, 2019
Shane Michael Oncale's answer
A "lawyer" can't order you to do anything. Only a judge could enter an Order.

Q: My partner took our daughter from our home and moved her to her grandparents with him in another county is this legal

1 Answer | Asked in Child Custody for Alabama on
Answered on Mar 10, 2019
Shane Michael Oncale's answer
You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior rights to the other so "possession" of the child tends to rule the day. Technically, if all that exists is a name of the birth certificate and an affidavit of paternity signed at the hospital, there...

Q: What motions should I file to get my son back asap?

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Feb 27, 2019
Shane Michael Oncale's answer
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can...

Q: AL:DR; If a plaintiff files a “PETITION TO MODIFY...” how can the court’s action on it call it a “MOTION TO DISMISS?”

1 Answer | Asked in Divorce and Child Custody for Alabama on
Answered on Feb 23, 2019
Kristine Jones' answer
Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!

Q: If the father isn’t on the birth certificate, how do I go about getting full custody and child support ?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Feb 18, 2019
Kristine Jones' answer
Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child support/custody. During that matter is when paternity will need to be established. At least one court appearance will be required. Second, terminating someone's parental rights is a more challenging...

Q: Can me and my wife agree to coparenting and neither one of us pay child support? Is there anyway to just be civil?

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.

Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.

Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.

Q: If child support was set up by DHR and no custody was established, is the mother automatically the custodial parent?

1 Answer | Asked in Child Custody for Alabama on
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
You have no custodial rights just because you are on the birth certificate or paying support. Parenting issues must be settled in the Court. THose issues are NOT part of the DHR child support cases. WHile it is very common to hear the child support DHR matter at the same time a custody matter is heard, DHR deals in money, not custody. Go to court if you want visitation.

Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.

Q: My husband and I are separated but not divorced. There currently is no custody agreement.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.

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