Alabama Family Law Questions & Answers
Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Constitutional Law
for
Alabama
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.
Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.
Shane Michael Oncale's answer
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Alabama
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to
Mr. James Parrish Coleman's answer
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Q: Can a judge make me move back after moving to another state if there is no custody agreement?
Mr. James Parrish Coleman's answer
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
Q: If the parents were unmarried when both children were born & there is no custody agreement, who is the custodial parent
Kristine Jones' answer
Hello. The answer is both of you have equal rights to the children. Dad has a right to know where his children are, if they are moving, what school they attend, health issues, extra curricular activities, religious instruction, etc. You should seek legal counsel in your area and discuss your plans so you do not do something that hurts you down the road. Best of luck!
Hello. The answer is both of you have equal rights to the children. Dad has a right to know where his children are, if they are moving, what school they attend, health issues, extra curricular activities, religious instruction, etc. You should seek legal counsel in your area and discuss your plans so you do not do something that hurts you down the road. Best of luck!
Q: Who do i contact in Tuscaloosa County,Al my father died and now a lady say she’s my sister I need a DNA but I live in Tx
Kristine Jones' answer
Hello. Many online DNA testing kits are available for a low price, roughly $50. Wal-Mart also carries them. Many on-site facilities like LabCorp also do DNA testing.
If there is a potential legal battle related to your father's estate, you would need a facility like Lab Corp so the results would be official and able to be entered as evidence, if needed. Best of luck!
Hello. Many online DNA testing kits are available for a low price, roughly $50. Wal-Mart also carries them. Many on-site facilities like LabCorp also do DNA testing.
If there is a potential legal battle related to your father's estate, you would need a facility like Lab Corp so the results would be official and able to be entered as evidence, if needed. Best of luck!
Q: Can a spouse get off paying spousal support of 17 yr marriage ,he was sole provider and same job for 21yr.
Kristine Jones' answer
Hello, it is possible and all depends on the facts of your case. You should seek counsel in your area and discuss your situation with him or her to receive a better estimation. Best of luck!
Hello, it is possible and all depends on the facts of your case. You should seek counsel in your area and discuss your situation with him or her to receive a better estimation. Best of luck!
Q: I had a child out of wedlock 10 years ago. Mother has sole legal custody . I have my child about half the time and pay
Kristine Jones' answer
Hello, two types of custody exist: legal and physical. Legal is regarding decision making authority for the child like which school does s/he attend, what hospital, after school activities, etc. Physical custody addresses the time each parent physically has with the child. It is unclear from the facts you stated what the actual custody arrangement is between you.
If you truly do not have any type of legal custody to make important healthcare, school, religious, etc. decisions for your...
Hello, two types of custody exist: legal and physical. Legal is regarding decision making authority for the child like which school does s/he attend, what hospital, after school activities, etc. Physical custody addresses the time each parent physically has with the child. It is unclear from the facts you stated what the actual custody arrangement is between you.
If you truly do not have any type of legal custody to make important healthcare, school, religious, etc. decisions for your...
Q: I am trying to file abandonment for my daughter on her father. He has been in prison for over one Year and just got out.
Kristine Jones' answer
Hello, you would need to file for a termination of parental rights. It will require several court hearings and several months of navigating the process. For a familial adoption in Alabama, the child is required to live with the potential adoptive family member for 12 consecutive calendar months before you may petition the court for adoption. Both processes are lengthy and you will need the assistance of an attorney to help you be successful. Best of luck!
Hello, you would need to file for a termination of parental rights. It will require several court hearings and several months of navigating the process. For a familial adoption in Alabama, the child is required to live with the potential adoptive family member for 12 consecutive calendar months before you may petition the court for adoption. Both processes are lengthy and you will need the assistance of an attorney to help you be successful. Best of luck!
Q: Oldest child just turned 19, but support doesn't stop then, and the mom won't agree to let it. How is this right?
Kristine Jones' answer
Hello. If you have your child support garnished by an Income Withholding Order and you only have that one child receiving support from that IWO, then the cost to have it removed is roughly $28.00. You fill out two forms and file it in the clerk's office along with a copy of your child's birth certificate.
If you have multiple children and/or not on an IWO, then you MAY need to file a modification. Filing a modification is what costs the most money (that $300 you mentioned) and normally...
Hello. If you have your child support garnished by an Income Withholding Order and you only have that one child receiving support from that IWO, then the cost to have it removed is roughly $28.00. You fill out two forms and file it in the clerk's office along with a copy of your child's birth certificate.
If you have multiple children and/or not on an IWO, then you MAY need to file a modification. Filing a modification is what costs the most money (that $300 you mentioned) and normally...
Q: Do I have any control over how the money I pay to my ex for child support?
Shane Michael Oncale's answer
There are many questions here for which you need to speak directly with an attorney and fill in the blanks but, generally, child support is something that can be modified at any time if there has been a substantial change in circumstances. The situation you set forth certainly sounds like a material change in circumstances. There is also potential issues with the idea that you would still be paying child support if your child is in college. Is she self supporting? Is she over the age of 19?...
There are many questions here for which you need to speak directly with an attorney and fill in the blanks but, generally, child support is something that can be modified at any time if there has been a substantial change in circumstances. The situation you set forth certainly sounds like a material change in circumstances. There is also potential issues with the idea that you would still be paying child support if your child is in college. Is she self supporting? Is she over the age of 19?...
Q: My son's mother quit a very good nursing job to take a lower paying job in a doctor's office. The change didn't give her
Shane Michael Oncale's answer
You have to understand there are no hard and fast rules but instead "positions" you can take. If you are going to find yourself back in court you are going to need legal representation. Child support is set according to Rule 32 of the Alabama Rules of Judicial Administration. If you just read the rule and nothing else you would assume that child support is set based soled on the current gross income of each parent, the cost of daycare and the cost of covering the child for health insurance....
You have to understand there are no hard and fast rules but instead "positions" you can take. If you are going to find yourself back in court you are going to need legal representation. Child support is set according to Rule 32 of the Alabama Rules of Judicial Administration. If you just read the rule and nothing else you would assume that child support is set based soled on the current gross income of each parent, the cost of daycare and the cost of covering the child for health insurance....
Q: If a man has 5/more children does it exempt him from paying child support? My daughter's boyfriend says that. He's on #4
Kristine Jones' answer
All children are owed support by their biological parents. The custody arrangement determines who is to pay and how much. The schedule for child support guidelines are calculated for up to six children, but that does not mean they would not calculate it for the 7th, 8th, 9th child, etc. It is not the 7th child's fault they were not born sooner and somehow that makes them ineligible for support.
The child support guidelines are available online to the public by doing an internet search...
All children are owed support by their biological parents. The custody arrangement determines who is to pay and how much. The schedule for child support guidelines are calculated for up to six children, but that does not mean they would not calculate it for the 7th, 8th, 9th child, etc. It is not the 7th child's fault they were not born sooner and somehow that makes them ineligible for support.
The child support guidelines are available online to the public by doing an internet search...
Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?
Timothy Denison's answer
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.
Q: What is your honest opinion on my Child Custody Case?!
Shane Michael Oncale's answer
You have hired an attorney which means that attorney works for you. Why did you hire him if you do not trust the advice he has given you or the way he has provided that advice? No one is going to give you certainties or percentages that is not how this works. There are so many factors that go into a child custody determination and so much depends on the beliefs and trends with a particular judge as to what they view as important. Your attorney should be able to discuss the good and bad...
You have hired an attorney which means that attorney works for you. Why did you hire him if you do not trust the advice he has given you or the way he has provided that advice? No one is going to give you certainties or percentages that is not how this works. There are so many factors that go into a child custody determination and so much depends on the beliefs and trends with a particular judge as to what they view as important. Your attorney should be able to discuss the good and bad...
Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,
Mr. James Parrish Coleman's answer
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.
Q: my dad recently died and he was married to my mom who is already dead i am 17 and married and i am legally his daughter
Mr. James Parrish Coleman's answer
I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process has to be followed by opening an estate in the probate Court
I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process has to be followed by opening an estate in the probate Court
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