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Alabama Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My child is 1 years old, is their a law she doesnt ha e to spend the night weekend till shes 3yrs?

The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... View More

Kristine Jones
Kristine Jones
answered on Sep 10, 2020

Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I am unwed, pregnant, & do not want the father of my child involved in the pregnancy. What are my rights in AL?

We were in a serious relationship during the beginning of me becoming pregnant however have since broken up. He has become manipulative & verbally abusive & I am considered to be a high-risk pregnancy. Can I have him not be involved at all in my pregnancy & prenatal care &... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 10, 2020

He does not have the right to bother you during your pregnancy. Contact him one last time and tell him if he bothers you again you will have him arrested. And then stop all contact. If he bothers you again call the police and have him arrested. When you go to the hospital and have the baby, do not... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can i fill for full custody through dhr when i already been to the state

My husband took his childs mother to court for joint custody in December 2019 he got joint everything but he is on child support aswell a accident happened in may where she cameto my(his wife)mother house to fight left the car in reverse while child was in it now she has a pending child... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 8, 2020

You have a lot of questions in this and have not provided much information. You need to get to a family law attorney immediately. Also just for a short answer, yes he can get in trouble for not paying child support when he is ordered to, even though he hasn’t seen him. And probably yes, you need... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What do i need to do to start the process on trying to get my son back home with me? In need of a lawyer.

Father has physical we share joint. I pay child support to him and im having issuses out if the wife,child isnt happy wanting to be home with mother. Mother works, own cars and stable living. Never on drugs or etc.....

Kristine Jones
Kristine Jones
answered on Sep 4, 2020

Hello. You can file for a modification. You should seek local counsel for advice. Thanks for your question.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My fiancé and I have 2 year old twin boys that are staying with a family friend while we fight with DHR to get custody

The family That has them always said that they were fine financially I did not need any money from us. But now after 10 months the DHR’s Lawyer Is Requesting for us to pay child support..We don’t have a problem paying, but I don’t understand how they can ask for back pay all the 10 months... View More

Kristine Jones
Kristine Jones
answered on Sep 4, 2020

Hello. Yes, other people are feeding, housing, and clothing your children. You are still financially responsible and they can obtain child support from you and the father.

You can pay the minimum amount, but the interest will accumulate and you will owe much more than $3,000.00. Don't...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I just had a baby. I've never been married to the father, and broke up in Feb. He hasn't been involved in pregnancy.

He has repeatedly disrespected my wishes as far as communications have gone during my pregnancy. I asked for texting only, strictly about the baby and in the 5 times he has contacted me in 9 months, it has always been about US and NEVER asking about the child. He trespassed onto my property after... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 2, 2020

In Alabama, a child born to an unwed mother is solely hers. She has full and complete custody. The father has no rights, if and until he is adjudicated the father in court. If he wants any rights he will have to file something. But right now, he has no rights and you can do just about anything you... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: The judge gave us 50/50 custody of our son. She wanted us to have him stay in the marital home, and each of us rotate

Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Aug 31, 2020

A lot of interesting things going on with your fact pattern. I would suggest that given the number of moving parts involved that you go ahead and set up a more individualized consult with an attorney rather than trust solely the bits of information gained in general responses here. I will say... View More

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My ex-wife and I have 50/50custody she left & stayed gone awhile Does my son Have to go see her he will be 13On12/21/20

He absolutely does not want to go see her She abandoned him for 5 months then pops back up here and there saying we are going to court but he hasn’t left me in over a year now and She is currently out on bond for 2 counts of trafficking drugs, A stolen gun, and paraphernalia.

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 28, 2020

Get to a lawyer immediately and get temp custody so he won’t have to go. With that kind of thing going on in her life, you will get it.

1 Answer | Asked in Child Custody for Alabama on
Q: Is there an age in Alabama when a child can decide what parent they want to live with?
Sheila Crumley Field
Sheila Crumley Field
answered on Aug 24, 2020

No. This is the question I get asked the most because everyone thinks there is. They are allowed to testify in a court proceeding to tell the judge their desired wishes, but it is ultimately up to the judge and the best interest of the child. And unfortunately that sometimes goes against the... View More

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My daughter was born in Florida her mom moved to Alabama, I pay her atleast 300 monthly she won't allow me to see her
Kristine Jones
Kristine Jones
answered on Aug 16, 2020

Hello. File an action in court to enforce your rights.

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1 Answer | Asked in Child Custody for Alabama on
Q: My kids are moving back in with me, how do i change it back to me having custody of them instead of their father?

After me raising my kids for 14 years my ex husband got remarried and completely brain washed my 2 oldest kids they took me to court and he got custody cause the were 14, my youngest never wanted to leave home. Now a year later one of my oldest and my youngest are coming back home. He wants to... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 13, 2020

Yes you will need a lawyer to modify the agreement.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: DHR has my kids in temporary foster care until my court date in October. They have been away since December
Sheila Crumley Field
Sheila Crumley Field
answered on Aug 10, 2020

There was no question to answer

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Can an 18 year old legally move out even if her legal guardian says that she can't?

Several years ago, her father tricked her mother into signing over full custody. She is now 18 and has reached out to the mother and I and is wanting to move out of her father's house and move in with us. We are willing to take her in but her father keeps telling her that she cannot move out... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 9, 2020

If she’s 18 she can live where she wants to. They can’t charge her and no court is going to make her go home if she doesn’t want to.

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I have physical custody of my son and his dad pays child support. There is a visitation schedule that we are supposed

To follow but of course he sees him maybe once a month and talks to him maybe once a month. Can I file for full custody or say he’s abandoned him and receive more child support?

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 7, 2020

No that’s not how it works..

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1 Answer | Asked in Child Custody for Alabama on
Q: I am in need of an emergency lawyer. ongoing DHR case, and need an emergency custody so child wont go into foster care.

I need to have a lawyer help issue a emergency custody because we are across state lines in Georgia from Alabama they need for us to do temporary custody, they say that our county in Ga won't work with centre Alabama on a family stay plan. This is a rush situation and need to have legal... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 7, 2020

I am not in Center but use the internet to google family law attorneys. You should be able to get something filed this morning without a problem.

1 Answer | Asked in Child Custody for Alabama on
Q: Thank you! Should I be contacting Lee County or Macon County police department? Because I have had trouble in the past

with Macon County police due to his granddad (the home she is supposed to be) being a deputy sheriff. They always try to file harassment and the police are reluctant to help me...

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 5, 2020

Call Lee county and report it. They will get in touch with the police In Arizona. Good luck!!

1 Answer | Asked in Child Custody for Alabama on
Q: Hi I have a 7 year old daughter and we live in Lee County Alabama. I have ordered in my divorce decree

"The plaintiff (me) shall have custody of the parties’ minor child

and the defendant visitation at reasonable times and places as agreed upon by the parties." By this terminology I'm not sure if I have sole physical or legal custody? Also I allowed my daughter to go with... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 5, 2020

You have sole custody. Send him a text and tell him you are going to the police department within thirty minutes if he doesn’t respond. Then if he doesn’t, get to the police department and file for interference with custody. Get moving on this quickly if you want your daughter back!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have primary custody, he has visitation. He hasn't paid but $160.00 all yr 2020. It's court ordered that he pay $200

a month. He only picks them up maybe once a month for only a few hrs. Has already had dhr called before. What can I do about it?

Kristine Jones
Kristine Jones
answered on Aug 4, 2020

Take him back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: HOW OLD DOES A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH IN ALABAMA?
Kristine Jones
Kristine Jones
answered on Aug 3, 2020

Hello, 19 is the age when a child becomes an adult and can make that decision. Alabama has no age before that time at which a child can pick a parent. That said, as a child matures, he/she becomes better able to articulate to the judge why it is in her/his best interest to live with one parent... View More

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Doed back child support start the first day you got custody or the first day you filled the petition for child support?

My sister has had full custody of my children for 3 years. But she just recently filled for child support about a year ago. Will the back child support go back to the day she got my kids 3 years ago or does it go back to the day she filled the petition for child support 1 year ago?

Kristine Jones
Kristine Jones
answered on Jul 27, 2020

Hello. The judge will decide the date it starts. Thanks for your question.

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