Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Dec 30, 2022
There are some sample forms available on the Alabama Administrative Office of Courts website, as well as appendices to the Rules of Court that have sample forms. It is quite possible that one was used for whatever document you are referring to.
answered on Dec 30, 2022
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
answered on Dec 30, 2022
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.
answered on Dec 30, 2022
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
Paperwork is not explained and pops up
answered on Dec 30, 2022
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
Personally dropped off my answers/responses to their consolidated discovery along with my request. They are trying to hold me in contempt for visitation but will not show me any evidence they have.
I am aware they received everything because of comments made from other side but still have... View More
answered on Dec 3, 2022
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
I left my boyfriend 4 months ago cause of domestic reason. We have 3 kids together. We were living in Jackson Al when this happened. He left and went to fort Payne Alabama with the kids . He hasn't let me get them or see them since and I've tried.. well now he's locked up in Cherokee... View More
answered on Jun 10, 2022
You have a hot mess here. You have to get into Court on this and file an action to establish paternity and custody. He is violent and you have been to jail for drug use. Find a lawyer you practices in your County and get this before a judge... the sooner the better.
My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More
answered on Feb 23, 2022
You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.
It partly depends on what... View More
answered on Feb 21, 2022
Hello, thanks for your question. It depends on facts that are not listed in your question. You can file for visitation, modification, and maybe contempt if you've already been given visitation in an order. Anything filed would be on the Court where the last order was issued. Best of luck!
The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... View More
answered on Jan 13, 2022
Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... View More
My son is 6 years old and his mother and I weren't married but I am on his birth certificate as his father. She moved him to Alabama and ceased all contact with me almost a year ago. I just found out my son was taken by the state of Alabama and put into foster care when she was arrested. I was... View More
answered on Dec 24, 2021
Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does... View More
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More
answered on Nov 1, 2021
There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.
answered on Oct 27, 2021
I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you... View More
I relocated to Alabama in June 2019. My custody papers were finalized and filed in TN. My ex is now relocating to Alabama from TN and has requested a modification of custody time and support. I am in agreement with the change in time, but he is also stating that his job will cease in a few months... View More
answered on Oct 27, 2021
Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer... View More
My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving
answered on Oct 1, 2021
You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.
You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a... View More
So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... View More
answered on Sep 7, 2021
If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... View More
He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... View More
answered on Jul 27, 2021
It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.
The key... View More
She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... View More
answered on Jul 15, 2021
It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good... View More
answered on May 24, 2021
Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.
His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... View More
answered on May 4, 2021
If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... View More
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