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Alabama Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I have caught my husband cheating and he has an alcohol abuse problem. I can't afford divorce and am scared. Help

He is manic depressive bipolar with violent tendencies. We have a 2 almost 3 year old and 4 animals. We rent our house and he is the main provider.

Kristine Jones
Kristine Jones answered on Feb 20, 2020

Hello, you asked your question in the Alabama forum, but it appears you are in Miami, FL. Regardless, where ever you are located, seek out a legal services office, or other pro bono/income based program in your area. Thanks for the question and good luck!

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If my ex husband is supposed to pay child support through the court system but doesn't and pays me cash .is it a gift?

He never gives me a receipt or the proper amount he is ordered and its random months and amounts . And wants to give me sole custody only if I do away with child support

Kristine Jones
Kristine Jones answered on Feb 10, 2020

Hello. No, it is not a gift. It is child support that should be going for the costs associated with raising your child(ren).

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Alabama on
Q: My sister abandoned her children

My sister moved to another state with her two younger children, age 12 & 16. She became homeless and could no longer afford to keep them. She dropped them off at her 22 year old home in Alabama. They were only was suppose to stay for the holidays. It’s been 4 months and she has not returned. They... Read more »

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

This honestly sounds like a situation where you might want to consider getting the Department of Human Resources involved. Also, I would recommend consulting with an attorney.

2 Answers | Asked in Child Custody for Alabama on
Q: Can a grandmother file a petition claiming dependency of her grandchild in Alabama?

The mother of the child is 17 years old & grandmother is providing and taking care of the child; ie. financially/medically/basic needs.

Shane Michael Oncale
Shane Michael Oncale answered on Feb 6, 2020

Yes, a private party dependency petition can be filed. Once filed DHR can join in the proceedings or opt out.

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2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My son live in alabama with his mother. I live in indiana and support is enforced through indiana courts. The mother

Is continuously spending his support on herself and her other kids. I buy clothes , medical insurance and am constantly being asked for more money for his needs. I dont mind paying for what he needs but this expense should be majoritly covered by support.Is there any alabama laws regarding how she... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. The short answer to your questions is no. My question to you is, if you are paying child support, why are you still giving mom money? Do you give it directly to your child? Do you pay the money for his "needs" directly to the place asking for it? e.g. the soccer club, football team, doctor,... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: Will my son be able to keep full custody if he joins the Alabama National Guard?

My married son has full custody of his oldest child, and the mother has regular visitation. Will he loose full custody while he is away for the 10 weeks of basic training?

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 2, 2020

United States Servicemembers have some additional protections as it relates to civil matters. That's not to say that all cases are not more complex in nature than can be answered conclusively in all regards, but the link in this post should give you and idea as to what one can expect when an... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Aren't IWOs standard for child support in initial custody cases unless otherwise agreed to by both parties? (AL)

Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?

Kristine Jones
Kristine Jones answered on Feb 2, 2020

Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: I lived with my boyfriend for several years. We have a 9 year old child. Do i have to file divorce eventhough we never

actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Do divorce agreements still cover dependents over the age of 18?

My divorce agreement from 2009 specifies that I claim the youngest child and my ex claims the oldest on our income taxes. My oldest turned 19 In October 2019 but still lives with me and for the year of 2019 made less than $4000. Since he is over 18 now, is the agreement still in effect or am I... Read more »

Kristine Jones
Kristine Jones answered on Jan 27, 2020

Hello. The age of majority in Alabama is 19, not 18. So your divorce decree expired on that child once it reached 19 in October. Keep in mind what you file in April is about the year 2019, and it sounds like your ex would still claim him for the 2019 tax return. You may want to consult a licensed... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Cohabitation and Child Support/Custody My fiance and his kids' mom were never married and have been apart for 6 years.

My fiance and I have been together for 1.5 years. We moved in together and have lived together on and off for a little over a year. He has 6yo twins and has 'Schedule A' visitation. Their mom has violated the visitation by weaseling her way around the agreement and 9/10 times stays at his M-I-L's... Read more »

Kristine Jones
Kristine Jones answered on Jan 26, 2020

Hello. I do not practice in or around Gulf Shores, so your reference to "Schedule A" visitation may be something that is local to Baldwin/Mobile counties. Without having the exact language of the visitation, it's impossible to say whether or not there is merit to her concerns. It is not uncommon to... Read more »

2 Answers | Asked in Criminal Law, Divorce, Car Accidents and Child Custody for Alabama on
Q: how can i become a lawyer
Gary Kollin
Gary Kollin answered on Oct 29, 2019

By graduating from a law school, passing the Bar exam and then be approved by the Bar.

But this is not a legal question.

If you were not able to determine this on your own, then being a lawyer is not for you

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: AL child custody laws

My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »

Kristine Jones
Kristine Jones answered on Oct 17, 2019

Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: In Alabama when u go for child support how far back can you go? My child is 4.

My child’s father hasn’t been involved in his life in 4 years. I gave in and let him see him about a month ago (he’s been on drugs and swore he was clean) so I cannot dole abandonment. He went to put himself in child support to look good, can I get child support all the way back to my child... Read more »

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You can ask for it to be retroactive back to birth, but that is something within the judge's discretion based on the facts of your case. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I go about getting a birth father's parental rights terminated for myy almost 5 year old daughter?

No contact in almost 2 years. Never really helped with anything for child. Was never married, just dating. Live in Alabama. I do not want child support.

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Im currently not getting proper visitation with my daughter who is 6 but im expected to pay child support what can i do
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. Sounds like you need to contact an attorney in the county where your child lives and consult with them on how to enforce your parental rights. Best of luck!

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: My nephew went to court today about child support and custody and ...

Nephew and his ex agreed to support and custody arrangements. But have not signed anything. Yet she agreed in front of judge on said visitation. Now she is backing out of it. Cause she hasn’t “signed anything”. Is she still held accountable being nothing is signed. Even though agreed in... Read more »

Kristine Jones
Kristine Jones answered on Sep 18, 2019

Hello. It sounds like if it made it before a judge, then the judge will draft the order stating what the parties agreed to before him/her. The order will be mailed to them or his/her attorney if they were represented. (Sounds like maybe he did not have counsel). If testimony was taken before a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: how do I go about getting visitation with my 6 year old . her father was given full custody while I was in prison ?
Kristine Jones
Kristine Jones answered on Jul 31, 2019

Hello. You would need to file a Modification in the court action. Please seek local counsel in your area. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex-husband and I waived our rights to alimony and child support. If I remarry can he sue for child support?

Our plan is to work toward 50/50 when I become more financially stable.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 26, 2019

First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Alabama on
Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my son since he... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 20, 2019

The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Adultery, Divorce, Custody/Child Support and Alimony

My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 13, 2019

You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »

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