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Alabama Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Alabama on
Q: My sister abandoned her children

My sister moved to another state with her two younger children, age 12 & 16. She became homeless and could no longer afford to keep them. She dropped them off at her 22 year old home in Alabama. They were only was suppose to stay for the holidays. It’s been 4 months and she has not returned. They... Read more »

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

This honestly sounds like a situation where you might want to consider getting the Department of Human Resources involved. Also, I would recommend consulting with an attorney.

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My ex-wife lives in a different county than me. The DHR manager is her cousin. Can I get the county assigned changed?

The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one... Read more »

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1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what do I need to file to keep ex husbands alcoholic girlfriend away from our children?

We have joint custody, he gets every other weekend visitation. During his visitation our kids have to witness his girlfriend verbally abuse him. She makes vile remarks about his man parts, yells and screams, becomes out of control on alcohol in front of the kids. Police have been called out... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. You can try and file a PFA on behalf of your kids against the g/f. Or, file for a modification of custody and see if that gets the attention of dad regarding who he chooses to have around his children. Best of luck!

2 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Aren't IWOs standard for child support in initial custody cases unless otherwise agreed to by both parties? (AL)

Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?

Kristine Jones
Kristine Jones answered on Feb 2, 2020

Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: I lived with my boyfriend for several years. We have a 9 year old child. Do i have to file divorce eventhough we never

actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: I paid my child support in cash, how can I prove I paid?

I made the mistake of paying my ex in cash for child support. I do have bank statements that show the exact amounts I withdrew and each time and I also have his mother who is willing to testify that I did pay him. (He lives with her and majority of the money went to her for bills.) Will the judge... Read more »

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. This is really more of an evidence question, subject to the rules of evidence when it is offered at the hearing. Evidence questions and proof of your case is best discussed with your attorney. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Do the courts go back in child support orders to previous years?

My ex and I go through the courts to modify child support. If my ex receives a raise (5k a year) But doesn't tell me until a year later, do the courts go back for retropay?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. It depends. The judge has discretion about those matters and may take into account various actions by the parties. However, neither of you are obligated to disclose your income to the other, unless you are in litigation. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Cohabitation and Child Support/Custody My fiance and his kids' mom were never married and have been apart for 6 years.

My fiance and I have been together for 1.5 years. We moved in together and have lived together on and off for a little over a year. He has 6yo twins and has 'Schedule A' visitation. Their mom has violated the visitation by weaseling her way around the agreement and 9/10 times stays at his M-I-L's... Read more »

Kristine Jones
Kristine Jones answered on Jan 26, 2020

Hello. I do not practice in or around Gulf Shores, so your reference to "Schedule A" visitation may be something that is local to Baldwin/Mobile counties. Without having the exact language of the visitation, it's impossible to say whether or not there is merit to her concerns. It is not uncommon to... Read more »

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

1 Answer | Asked in Criminal Law, Family Law, Internet Law and Juvenile Law for Alabama on
Q: Can I move out if I get married at age 18 in the state of alabama?
Samuel G McKerall
Samuel G McKerall answered on Jan 13, 2020

Yes, you can. You can also move out whether or not you get married, so if you're getting married just so you can move out, don't bother. Just move out, Now, whether you OUGHT to do either one - get married or move out - are different questions, but with respect to whether you CAN do it, the... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: As grandparents Do we have rights to have our grandchildren during summer vacation? Their mother, our daughter died

Last year, 3 yrs after her divorce. The ex husband remarried. We had the grandchildren last summer. Step mom accused as of damaging the boys by disregarding her rules. We did not, but we did allow the kids more freedom—less chores, more playtime, later bedtime, and allowing them to sleep in.... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Dec 22, 2019

You can certainly involve the court in enforcing the rights you do have and perhaps petition to expand those rights. The issue of grandparent visitation is very controversial and subject to many constitutional challenges. Most judges and the legislature take an expansive view but the statute that... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My question is why am I paying child support for a child that has been adopted by a family
Kristine Jones
Kristine Jones answered on Dec 4, 2019

Hello. Great question. Unless you agreed to continue paying support for some reason, or owe back child support, then your child support obligation after the date of adoption would have stopped. Not looking at your case, it's hard to give a more specific answer than that. If you want more specific... Read more »

1 Answer | Asked in Family Law, Health Care Law and Probate for Alabama on
Q: What form do I use to file a motion for Alabama Code Title 22. § 22-52-1.2?
Jack T. Carney
Jack T. Carney answered on Oct 28, 2019

You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: AL child custody laws

My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »

Kristine Jones
Kristine Jones answered on Oct 17, 2019

Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can I prove my husband is not the father with a paternity test while pregnant and then get a divorce in Alabama

Was told I can’t get divorced while pregnant in Alabama but what if I can prove he’s not the father . We’ve been separated

I wanted a divorce but couldn’t afford to file and while separated got pregnant with another mans twins

Kristine Jones
Kristine Jones answered on Oct 16, 2019

Hello, this is a good question for someone who practices in your local jurisdiction. They can give you the best advice on if a pre-birth test would be admissible to proving your husband is not the father. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I go about getting a birth father's parental rights terminated for myy almost 5 year old daughter?

No contact in almost 2 years. Never really helped with anything for child. Was never married, just dating. Live in Alabama. I do not want child support.

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!

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
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
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
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
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.

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