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Alabama Family Law Questions & Answers

1 Answer | Asked in Family Law for Alabama on

Q: Relinquish non custodial parent right's who does not provide care nor financial support for our child.

My child is 7 years old and her father does not provide any financial support. If pressed too hard for help will disappear for months to years on end. Will not voluntary give up rights and is not named on birth certificate. Never established paternity he has never held a job down for more than 6... Read more »

Mr. James Parrish Coleman answered on Sep 13, 2019

He does not have any rights. However you can terminate what ever potential rights he may have if you are confident he is the biological father. This is called a Termination of Parental rights.

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on

Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... 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 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 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 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 Family Law and Child Support for Alabama on

Q: How do I stop wage garnishments that we’re supposed to be ended by a judges order?

A stop withholding order was issued by a judge but my paychecks are still being garnished months later. I was current on all payments and not behind at all. Do I contact my employer or the child support payment system? My lawyer hasn’t responded.

Mr. James Parrish Coleman answered on Jun 20, 2019

It is a simple process to file to stop an IWO once there is a Court Order to do so. I see that you are represented by counsel, so you need to contact your lawyer. I assume there is a Court Order saying you no longer owe support and have no arearrage.

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 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 »

1 Answer | Asked in Family Law for Alabama on

Q: Mother is married for immigration purposes. How can the husband disestablish paternity without going to court?

Mother married an immigrant so he can get his green card. Biological father wants to see his kids but the mother refuses to let him see his children. He took her to court and told the judge she is married. By law the immigrant is the legal father. The biological father hasn’t seen his children in... Read more »

Mr. James Parrish Coleman answered on Jun 3, 2019

You can get all of this done with a court order, but you can't do it without going to Court. The mother should file a paternity action in the county where she and the children live.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: Do I need to petition for custody?

I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... Read more »

Mr. James Parrish Coleman answered on May 30, 2019

DHR can only help you with support. If you want to settle custodial issues you must file your own action. The court will hear both of them at the same time, however.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on

Q: At 16 ( almost 17 ) can I choose to go live with my mom full time. ( right now I have to switch houses every week )

Kristine Jones answered on Apr 30, 2019

Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which... Read more »

1 Answer | Asked in Family Law and Elder Law for Alabama on

Q: Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA

My 92yo mother is in my care now, as my sister.. her POA has not been taking appropriate care of her. She has dementia, and is unwilling to use my mothers social security to help provide sitters for care..she is a total care patient. I am 75yo and need help. The courthouse said i could look online... Read more »

Frank Truncali answered on Apr 26, 2019

Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?

Their dad doesn't have a license and their grandfathers should be revoked, their grandmother is ill and isn't in her right mind. This isn't for personal gain this is for my kids

Mr. James Parrish Coleman answered on Apr 8, 2019

You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.

Kristine Jones answered on Apr 2, 2019

Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: How long does a person live with someone before they are considered common law married in Alabama and one still married

To someone else

Mr. James Parrish Coleman answered on Mar 25, 2019

No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be... Read more »

2 Answers | Asked in Child Support and Family Law for Alabama on

Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i live in... Read more »

Shane Michael Oncale answered on Mar 24, 2019

The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

Shane Michael Oncale answered on Mar 21, 2019

Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse... Read more »

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on

Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on

Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.

Kristine Jones answered on Mar 16, 2019

Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: If a mother can be proven unfit can she be put on child support?

The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it

Kristine Jones answered on Mar 16, 2019

Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on

Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »

Kristine Jones answered on Mar 11, 2019

Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

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