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Alabama Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones
answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fam in NJ is trying to keep my daughter that’s visiting. I said no, now they’re claiming child abuse. What can I do?

She got there on April 29 to visit for the summer. They kept asking if she can stay for the school year and I said no. Now they are calling me saying she is hurting from physical abuse. When I called to talk to her they wouldn’t let me talk to her alone, and I could hear them coaching her. They... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jun 17, 2020

Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mychild is 16 she don't go to school haven't been since at least 8 grade she is 7 months pregnant an she work
Kristine Jones
Kristine Jones
answered on Jun 16, 2020

Hello. Yes, you still owe child support until she is 19 years old, 100% financially self-supporting, joins the military, or gets married, whichever occurs first.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can a custodial parent travel out of country for 5 months and return and regain custody?

The parents have joint custody, with the custodial parent leaving country for 5 months and not bringing child. Child will remain with non-custodial parent during that time. Is the non-custodial parent still expected to pay child support? Can the non-custodial parent win custody and receive child... View More

Kristine Jones
Kristine Jones
answered on Jun 9, 2020

Hello. The questions you raise have you thinking down the right path as to the type of things that may happen if you leave your child with the non-custodial parent. It would behoove you to seek local counsel and discuss with them all the issues you raised here. Best of luck!

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Is it illegal for a girlfriend to spend the night while the child is over during visitation in Alabama?

The child is 15, almost 16 years old. The parents have joint custody. I'm dating the dad but the mom says in Alabama it's illegal for the child to come over if I'm staying the night. Also, says if we go on vacation and take the child, I am supposed to have a separate room. I found... View More

Kristine Jones
Kristine Jones
answered on Jun 5, 2020

Hello. It depends on what their decree or Settlement Agreement says. Some have provisions preventing that behavior, some don't. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If unwed women & known donor, both from TN, travel to AL to use ART facility, will he be protected from paying childsup

If an unwed woman residing in TN and a wed man living in TN both traveled to Alabama to use an art facility so that he could donate sperm to the unwed woman, would he be protected from paying child support? There would also be a contract signed releasing him from paying child support / having any... View More

Kristine Jones
Kristine Jones
answered on Jun 4, 2020

Hello. The facts given coupled with mom being unwed presents a scenario that the outcome depends on a lot of factors. You are creating a child that would have no legal father. Having a contract is good, but you create problems for it by jumping around and doing activities in different states. Child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Does an absent father have a say so if a mother wants to relocate out of state with child for good faith reasons?

My child father and I were never married, he has never been placed on child support, or no kind of court or custody. He was barely supporting our daughter and I'm relocating closer to family for support and better living. Does he have the right to keep me in the state If he decides to fight... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Jun 3, 2020

A mother has full custody of a child born out of wedlock. There is nothing he can do except take you to court. And yes he will have to pay child support for the child if he takes you to court. Go where you have family and support, do what’s is best for your child.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I’ve been alienated from my sons for a year w a no contact order I never got any court date papers, how can I see the

They keep postponing it and Idk how to get to be able to see my sons

Sheila Crumley Field
Sheila Crumley Field
answered on May 30, 2020

Go to the circuit clerks office where the children live and ask for a copy of the order and also tell them you want to request a hearing. They will let you write it out on a piece of paper. You may not get to see your sons but you will at least get a reason why, and can begin to fix the... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... View More

Shane Michael Oncale
Shane Michael Oncale
answered on May 29, 2020

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... View More

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3 Answers | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I'm headed for a divorce after 5yrand we have a 5yr old child together , will I have to pay child support and alimony

I don't want to have to pay for neither one. We both make around the same amount of money !

Birmingham, al.

Travis T Juneau
Travis T Juneau
answered on May 28, 2020

The short answer, without knowing much more, is that you will pay child support unless you have primary custody of the child. Alimony, either periodic or alimony in gross depends on a number of factors thus, it is impossible to know if you will have to pay it or not without all of the specifics.... View More

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1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My x died a month ago leaving me w/sole custody.His wife wants the same visitation as he had.What are her rights?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 19, 2020

I assume that you are the mother of the children, and that "his wife" refers to a person whom the father married before his death. The short answer is that she has no right to visitation with the children. If she were a grandparent, she would have a path to parenting time with them, but... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Hello i need advice. I live in Alabama and have since 2008. Ten years ago my husband and i split up

He had gotten with another woman and then moved out and we haven't been together since. 5 years ago he took our son and moved to Massachusetts without telling me beforehand (i spent two weeks panicking not knowing where my son was), and was told by several people that since we were still... View More

Travis T Juneau
Travis T Juneau
answered on May 17, 2020

I'm very sorry to hear about your situation. Abandonment and infadelity are grounds for divorce in Alabama. It sounds like you would need to hire a private investigator to help locate your son. But, if you exhaust your attempts to locate your husband, you could be able to serve your husband by... View More

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Is it possible for me to get custody of my daughters sister ?

Now ex old lady was cheating on me. Bringing the girls (2&1) with her to do so lying saying she was babysitting. When she was really there doing drugs. I’ve got enough on her to get full custody of My daughter easily, but her daughter would end up in the system. Her daughter already had her... View More

Sheila Crumley Field
Sheila Crumley Field
answered on May 14, 2020

Maybe. If there are no other family members that want her or are a suitable placement then, yes you have a shot at getting her also. The fact that you have her sister is also in your favor.

2 Answers | Asked in Child Custody for Alabama on
Q: What is the definition of 'self supporting' according to the state of Alabama?

My daughter has graduated high school and will be attending college in GA beginning August 2020. She turns 18 next month (June 2020). She will be living on campus, with a food plan, and work a part time job while in school. Do I still have to pay her father child support even though he is not... View More

Shane Michael Oncale
Shane Michael Oncale
answered on May 11, 2020

These are the kind of situation I hate because the explanation never seems to suit common sense. Common sense would seem to dictate that with what she is provided she is more than "self sufficient" but most of the time the outcome turns on the smallest of things. Is she on the... View More

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1 Answer | Asked in Child Custody for Alabama on
Q: Am I able to get full custody back for my son after having joint custody (never married)?

My son’s father and I have never been married but since our separation we have gotten joint custody and I regret this decision. Reason being is there is always a communication gap on his end, I have to always follow up to ensure that my son is doing his schoolwork, given his medicine when... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 11, 2020

Can you get it back? You can certainly try. If you and the father were awarded joint legal and joint physical custody you only have to show that it would be in the best interest of the child for you to be awarded physical custody. This is called the Couch standard named after a case called Ex... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What rights do I have as a father in AL.Was never married but I'm on B.C.Her parents have temp.cust.Where does leave me?

I've always been in my children's lives.Me and the Mother although together didn't live together due to car accident I was involved in caused me to not be able to work for some time and we lost our home so only maybe a week out of a month we managed to all stay at either hers or my... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 10, 2020

You have rights, but you have to assert them in Court. You were a necessary party in the custody proceeding you mentioned because you are the presumptive father. Did you go to Court? Why not if you didn't?? What evidence was adduced in that proceeding that kept you from having custody?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Me and my childs mother were never married and she refuses to show up to the court appoited visitation for over 2 years

Im desperate please help

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

I assume you have court ordered visitation. If you do, then she is in contempt and you can take her to court for it. But you’re going to need a lawyer to do it. Speak to a family law attorney immediately. Good luck.

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Alabama on
Q: I've recently been served a Paternity/CS summons. I'm willing to pay CS,can I avoid court, testing and visitation?

Willing to provide honest income info, but do not desire visitation or parental rights. I also do not wish to contact the other parent or appear in court. Is there a legal way to do this, such as voluntary child support?

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

Yes. You can admit paternity and submit your proof of income and they will adjudicate you the father and it will be over. Contact the attorney for DHR whose name is one the paperwork you received. He will be able to help you.

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1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Soon-to-be Ex husband wants to terminate his parental rights. Can this be done at the same time as the divorce?

He hasn’t seen the child since august of 2019, a month before we decided to divorce. She is 2

Kristine Jones
Kristine Jones
answered on May 4, 2020

No, a termination of parental rights is a separate action in juvenile court. It also would not terminate his financial obligation to the child. Best of luck!

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Do legal (not blood related) grandparents have any right to take a mother's child away?

My husband wants nothing to do with me or my son. He cheated on me and left me and already has a new family. We've been separated over a year and a half and are finally getting this divorce done. His parents are trying to take me to court to take my child away from me because I won't let... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 1, 2020

First of all, I don't understand the distinction between "legal" grandparents and "blood related" grandparents. THe grandparents are the parents of the biological or adoptive parents of the child. The grandparents have apparently taken you to court in a private custody... View More

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