I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »
I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There... Read more »
So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... Read more »
If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... Read more »
He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... Read more »
It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.
The key... Read more »
His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »
If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... Read more »
An Alabama attorney could advise best, but your post remains open for two weeks. You could reach out to attorneys in your area who handle defamation cases. As a GENERAL matter, these types of cases are not usually handled on a contingency basis like a car accident - which means that regardless of... Read more »
We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... Read more »
Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.
You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... Read more »
I pay child support on time and am a full time college student.
You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.
I am current on my child support
As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.
While the custodial parent is not entitled to the child support on... Read more »
He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).
He put our infant daughter in danger many times & screamed at her, tossed her onto... Read more »
You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get... Read more »
The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »
The county DHR can help. Best of luck.
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.
Her and her mother threaten my son with not being able to see his baby if he doesn't jump to her every demand. They are 18 and 19. It will be a bigger issue once the baby gets here. Were do I start legally helping him establishing his rights
The first thing your son has to do is learn what his rights are. If he wants a right to the child he is going to have to go to court. He should sign the birth certificate. If they attempt to stop him, he should register with the Putatative Father's Registery (Ala. Code 26-10C-1). After the... Read more »
And pawning the baby off on her parents. The baby has my son's last name and my son is listed as the father on the birth certificate. Does my son have any rights to get his son away from this bad situation. The girls mother wants to raise the baby as hers.
Yes absolutely!!! Get to a lawyer immediately and petition the court for temporary custody. Good luck!
I made contact with the child support office in Shelby County, AL the office say I need to fill out a petition, she tells me CS-47, 'Petition for Termination upon Payment of Arrears' is that the petition I'm suppose to fill out. I just want some straight answers, so I can stop any... Read more »
Go to eforms.alacourt.gov and look for form CS-37 which is the form Petition for Termination After Payment of Arrears. That’s the form
You need to fill out and file with the clerks office to stop the withholding. Good luck!
Yes, she’s the baby’s mother!
My children are 13 and 15. At what age can my children decide which parent they want to live with?
Ok, you have 2 different questions really. First, unless there is a court order is place directing otherwise your ex-husband cannot control whether you take your children out of state. Now, you cannot move without following the relocations procedures but as far as out of state trips or visits go... Read more »
The age of majority in Alabama is 19, so technically she can. And.. if she pays for the phone, then she can look at it.
To take him from me bc of our own personal issues (every time he comes around we fight) Do I have a leg to stand on? What can I do to get custody of my son since we are not married? Will I have to give him joint custody? Also how would child support go?He’s also very mean and I believe... Read more »
Custody of a child born out of wedlock is vested with the mother. That means just because he is on the birth certificate doesn’t mean he has any rights. You currently have fully custody. Until he takes you to court he doesn’t have rights. Good luck!
She knows I have been trying to get on disability for over 2 years now Since my accident when we were still together. I am almost finished with it but we haven’t been together for 2 yrs now but she hasn’t let me get my 2 sons or see them in about a year. I have not been able to help her... Read more »
If you are still married you can go get them and there is nothing she can do about it. You both have equal custody. But if you do, she will probably go file something immediately to give her temporary custody. Then you will have to petition the court for interim visitation prior to the final... Read more »
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