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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

12yo is covered by health insurance by ex. This year we have incurred $400+ uncovered medical bills and she is starting orthodontic treatment soon ~$6800. Ex states the portion his benefits cover (for example, $1700 of braces) count as his payment towards these bills. Insurance does not exceed 5%... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 30, 2023

Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: If I have sole physical custody and joint legal custody would I be allowed to move out of the state with my daughters ?
Scott Frederick Levin
Scott Frederick Levin PRO label
answered on Jan 24, 2023

Depending on the exact wording of your divorce decree, it is possible.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
Read more »

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Gov & Administrative Law for Alabama on
Q: What are my rights with DHR?

In August, I fled an abusive relationship, from NC, with the father of my children. I returned to my hometown. Having no other options at the time, my children and I ended up in a tent for around two weeks. The children slept on mattresses inside the tent, fully clothed, and covered with blankets.... Read more »

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should hire an attorney. You are not required to submit to DHR requested drug screens. However, if you refuse, DHR will often use that to justify removing the children. If so, you will have a 72-hour hearing and you should request an attorney be appointed to represent you at the 72-hour... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: If my grandchild is 15 and horribly disrespectful in MANY ways, can I press charges and him be taking to bootcamp?

This child lives in my home and his mother as well. His mother lets him get away with literally EVERYTHING and won't do anything about his behavior. He has broken things in my home, disrespectful, smoking cigarettes, walks the roads whenever he pleases, cusses all the time and back talks... Read more »

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

It is possible that you could file a CHINS (child in need of supervision) petition in the juvenile court for your county. However, before you seek that remedy, perhaps you should talk to the mother and explain your frustration with the child's behavior while the two are residing with you.... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Why would my court papers from Alabama, have sample for. On left hand corner
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

There are some sample forms available on the Alabama Administrative Office of Courts website, as well as appendices to the Rules of Court that have sample forms. It is quite possible that one was used for whatever document you are referring to.

1 Answer | Asked in Family Law for Alabama on
Q: In Alabama can a 18 year old be legally kicked out of the house if they are still in high school?

The 18 year old will not abide by the rules of the home, becomes confrontational and even aggressive at times (yes reports have been filed) when told or asked to do things or will just simply not do them. They will not abide by any punishment they are given unless as the say, they are going to... Read more »

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You can file a CHINS (child in need of supervision) petition with the juvenile court in your county, and ask the court to intervene. Otherwise, the legal age of majority in Alabama is 19, and you are obligated as parents to support the child until he or she attains age 19. Perhaps you can explore... Read more »

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I'm trying to find the petition for withdrawing of adoption

I have gave my cousin my twin daughter because of her son got shot by an officer that same year and she never had a daughter. And I had to get myself together and stable. And she asked about an adoption but I wasn't fully educated on it until now. I thought my me giving her to family I would... Read more »

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You would receive notice of an adoption if your parental rights have not been terminated. If you receive notice of an adoption, you can file an answer objecting or not consenting to adoption. If there is not an adoption pending, and she was given legal custody by a court, then you can file a... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: Will my adopted children factor into the amount of c.s. I pay to my paternal children in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: NCP owes me roughly 36 thousand in arrears. He has been making his monthly payment as ordered but I would like to know

If I can collect on some of the delinquent monies owed. If so what do I need to file? Also I dont feel DHR is really on my side. NCP is lying about his income I have shown them where he has spent 70 thousand dollars in 2 years buying property but only claims 18 thousand a year.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You can file a petition to modify support to include an additional amount for arrears. There is a "do it yourself" petition available from the Alabama Office of Administrative Courts.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If my son's father is on his birth certificate, what rights does he have pertaining to custody?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody... Read more »

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: My step daughter was adopted by her moms husband can they changer her last name to his?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

The short answer is, "yes." If the child was adopted, a name change could have been done during the adoption process.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I have a 2 year old son in foster care and I'm having/had problems with the social service system and things pertaining

Paperwork is not explained and pops up

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should visit the Clerk's Office at the courthouse in your county and complete an Affidavit of Substantial Hardship requesting that an attorney be appointed to represent you. If you qualify based on income, the juvenile judge will appoint an attorney to represent you. You could also contact... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What can I do if I am pro se and the opposing party has an attorney but has not responded to by Consolidated discovery?

Personally dropped off my answers/responses to their consolidated discovery along with my request. They are trying to hold me in contempt for visitation but will not show me any evidence they have.

I am aware they received everything because of comments made from other side but still have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 3, 2022

If you properly filed the discovery, and also filed the notice of discovery with the Court, then you should write them a letter and ask that they answer. If they don't respond within 10 days -- and you have both provided discovery and filed a notice of discovery -- you should file a motion to... Read more »

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

If you are a Next of Kin or Heir, and there are sufficient assets, then you might consider administrating the Estate as Intestate. Then there may be distributions, or you might file your own Claim. Hire a competent AL attorney.

1 Answer | Asked in Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Can they keep my kids away from me

I left my boyfriend 4 months ago cause of domestic reason. We have 3 kids together. We were living in Jackson Al when this happened. He left and went to fort Payne Alabama with the kids . He hasn't let me get them or see them since and I've tried.. well now he's locked up in Cherokee... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 10, 2022

You have a hot mess here. You have to get into Court on this and file an action to establish paternity and custody. He is violent and you have been to jail for drug use. Find a lawyer you practices in your County and get this before a judge... the sooner the better.

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