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.
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.
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.
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.
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.
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...
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...
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!
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!
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!
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"...
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...
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.
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.
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?
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...
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.
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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