Alabama Child Custody Questions & Answers

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.

Q: Can I interfere with dhr custody?

1 Answer | Asked in Child Custody for Alabama on
Answered on Feb 7, 2019
Mr. James Parrish Coleman's answer
Please try this question again. What is TLC? TPR maybe? Please ask again.

Q: Can a judge make me move back after moving to another state if there is no custody agreement?

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Feb 5, 2019
Mr. James Parrish Coleman's answer
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.

Q: I am a foster kid in Alabama. Except I moved out a year ago and I am now 19. I have my own place and a good paying job.

2 Answers | Asked in Adoption and Child Custody for Alabama on
Answered on Jan 31, 2019
Kristine Jones' answer
Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home life to determine if you can support/provide a good home life for yourself and her. You cannot do a relative adoption in Alabama without the adoptee (your niece) living with you for 12 consecutive months...

Q: I had a child out of wedlock 10 years ago. Mother has sole legal custody . I have my child about half the time and pay

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello, two types of custody exist: legal and physical. Legal is regarding decision making authority for the child like which school does s/he attend, what hospital, after school activities, etc. Physical custody addresses the time each parent physically has with the child. It is unclear from the facts you stated what the actual custody arrangement is between you.

If you truly do not have any type of legal custody to make important healthcare, school, religious, etc. decisions for your...

Q: I am trying to file abandonment for my daughter on her father. He has been in prison for over one Year and just got out.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello, you would need to file for a termination of parental rights. It will require several court hearings and several months of navigating the process. For a familial adoption in Alabama, the child is required to live with the potential adoptive family member for 12 consecutive calendar months before you may petition the court for adoption. Both processes are lengthy and you will need the assistance of an attorney to help you be successful. Best of luck!

Q: If me and my exwife agree for our son to come live with me (the father) can the child support be stopped

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Short answer is yes, but you would need to file a modification with the court, along with the appropriate child support forms. Otherwise, you are at risk of being held liable for unpaid child support if you do not let the court and the state know the circumstances have changed. Your child is also, possibly, owed child support by the mother paid to you, and that issue needs to be addressed by the court. You should seek counsel in your area to make sure you properly protect yourself. Best of luck!

Q: Can a bio father that’s been absent my child entire life get joint physical and legal custody?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jan 10, 2019
Kristine Jones' answer
Yes, a biological father can ask a court for custody of a child that is his. The other facts you mentioned would be for the court to consider in its calculation of custody and the child support obligation, if any. You should seek legal counsel in your area, or an Alabama barred attorney in the area in which the case was filed. Best of luck!

Q: What are my options? HELP

1 Answer | Asked in Divorce and Child Custody for Alabama on
Answered on Dec 10, 2018
Shane Michael Oncale's answer
It sounds like it is time to go back to court. The Order you are operating under was entered at a specific time when the circumstances of both the parties and the child were tremendously different. You can go back to court to modify child support, custody and visitation any time there is a substantial change in circumstances. The child's routine, what the child is used to, is of great importance. Suddenly ripping him from regular contact with you and switching to a more "standard"...

Q: What is your honest opinion on my Child Custody Case?!

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Nov 29, 2018
Shane Michael Oncale's answer
You have hired an attorney which means that attorney works for you. Why did you hire him if you do not trust the advice he has given you or the way he has provided that advice? No one is going to give you certainties or percentages that is not how this works. There are so many factors that go into a child custody determination and so much depends on the beliefs and trends with a particular judge as to what they view as important. Your attorney should be able to discuss the good and bad...

Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Nov 13, 2018
Mr. James Parrish Coleman's answer
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.

Q: I have custody of my 7 year old grandson who was recently diagnosed with Autism. Can I ask for cs from bio-parents?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Nov 5, 2018
Mr. James Parrish Coleman's answer
You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.

Q: My husband has not seen his son by his ex wife in eight years and in the divorce decree he was supposed to be sending

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 4, 2018
Mr. James Parrish Coleman's answer
He owes support for all the time that she was gone. He needs to get into Court and deal with this and establish parenting time with the child. YOu have a lot of questions here without many facts. Why didn't he see the child? Was he seeing the child before she left?

Q: I am a mother of a 9 yr old little girl. Her father divorced me 3 years ago. I keep being g told my case will be resched

1 Answer | Asked in Child Custody for Alabama on
Answered on Nov 1, 2018
Shane Michael Oncale's answer
In order to provide you any advice I would have to know more about what is actually going on, the jurisdiction and some other factors. While delays are certainly the norm if the extent, nature and reason for the delays is something that concern you I suggest you sit down and talk to your attorney about it. If your questions and concerns go unanswered or if you are otherwise unsatisfied with the services being provided I would suggest you seek out other counsel. However, don't assume things...

Q: I don’t have custody of my kids age 5 and 12, if I give up my right to them will I have to pay child support.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Oct 30, 2018
Kristine Jones' answer
First, you are only required to pay child support if court ordered. An event like terminating your rights or voluntary relinquishing your rights would not generate an order of support. Second, if you were on child support though, you would only stop paying support upon adoption of the children by someone else.

Q: Can we go back to court to modify visitation? Ncp refuses to keep visitation.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Oct 28, 2018
Mr. James Parrish Coleman's answer
Yes, you can go back to court and ask the judge to suspend his visitation for not complying with the graduated schedule. The point you must make is that this is bad for the children. I do not understand your comment that he went back to court for visitation to avoid paying support. He will have to pay support no matter what. You need to hire an attorney who practices in your county and before the judge in your case. Listen to what he or she tells you. Good luck.

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