For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More
As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support...View More
I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More
In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best...View More
In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure...View More
In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially...View More
My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because... View More
In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly...View More
In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial...View More
In general, it's best to avoid contact with the plaintiff in a child custody case if you can. This can help to reduce conflict and make it easier to resolve the case. However, there may be some cases where it's necessary to have contact with the plaintiff, such as to exchange information...View More
I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your...View More
We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More
Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise...View More
In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is...View More
We have a child custody case to which we created a GoFundMe to help with the attorney fees. It hasn't garnered much money but everything helps as this has gone on for almost 5 years. The spouse of the mother of the children has filed a lawsuit against me and my son for defamation for stating... View More
Unfortunately, you will probably not be able to have the lawsuit dismissed immediately.
The individual claiming defamation does not have to be specifically identified by name in order to have a defamation claim. Whether this person has a colorable claim for defamation depends, at least in...View More
It sounds like you are in a difficult situation here. Unfortunately, we do not really have enough information here to really help you with this question. Some important context would be like whether or not there is a custody agreement or plan in place, and where was that plan ordered, in Alabama or...View More
The short answer is that you would be in a world of trouble. You and she are both minors, and cannot yet be emancipated -- that is seen as adults-- because of your ages. You are barely outside the limits of the age difference that would make having sex with your 14 year old girlfriend illegal. If...View More
Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest
If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is...View More
I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy.... View More
If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.
In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody...View More
You should visit the Clerk's Office at the courthouse in your county and complete an Affidavit of Substantial Hardship requesting that an attorney be appointed to represent you. If you qualify based on income, the juvenile judge will appoint an attorney to represent you. You could also contact...View More
If you properly filed the discovery, and also filed the notice of discovery with the Court, then you should write them a letter and ask that they answer. If they don't respond within 10 days -- and you have both provided discovery and filed a notice of discovery -- you should file a motion to...View More
We are married. My husband has been having some issues with substance abuse and I want to take our child to my aunts house in another state for a while, while hopefully my husband gets clean. But I would need to go without telling him or he wouldn't let us go, but I feel it would be safer for... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.