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Alabama Family Law Questions & Answers
Q: Can temporary Airbnb stays risk alimony by implying cohabitation?
I am a permanent resident of Tennessee and am dating a woman in Alabama who lives with her daughter and family, using that address as her permanent residence. I have rented Airbnb properties for us on two occasions for 2-4 nights to spend time together away from her daughter's family, which I... View More 
Stormie McQuain Slaton
answered on Jun 15, 2025
answered on Jun 15, 2025
Under Alabama law, cohabitation as it relates to alimony termination is a fact-specific inquiry. Courts look beyond general labels to examine the substance of the relationship and the living arrangement, typically applying a “relationship” test — i.e., a relationship akin to marriage,... View More
Q: Can a individual be held accountable for their actions causing separation/divorce
Tim Akpinar
answered on Feb 21, 2025
answered on Feb 21, 2025
An Alabama attorney could advise best, but your question remains open for a month. Yes, from a textbook standpoint if the actions could be proven to cause tangible harm that led to a divorce, such as financial ruin, etc. But from a PRACTICAL standpoint, law firms are reluctant to touch cases along... View More
Q: Can aunt adopt child if one parent keeps rights in AL?
I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More
Shane Michael Oncale
answered on Feb 14, 2025
answered on Feb 14, 2025
The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More
Q: How can I gain custody or visitation for my daughter in Alabama after losing custody?
When my daughter was one year old, I lost custody while I was in prison due to a drug problem. A family promised to return her but used their connections in DHR to gain custody while I couldn't attend court. My daughter, now 14, contacted me, and we communicate daily. There have been no... View More
Shane Michael Oncale
answered on Feb 14, 2025
answered on Feb 14, 2025
A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights... View More
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
James Blount Griffin
answered on Nov 21, 2024
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More
Q: I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?
Hello my son's father is trying to avoid paying child support and he has received a settlement check but I believe that he put the check in his wife's name or another family members name. I would like to know if I can pay an attorney to find information on the settlement and verify that... View More
Shane Michael Oncale
answered on Sep 28, 2024
answered on Sep 28, 2024
Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the... View More
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Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay
Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that
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Anthony M. Avery
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answered on Jun 10, 2024
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answered on Jun 10, 2024
If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.
Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."
Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More
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James L. Arrasmith
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answered on Jun 5, 2024
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answered on Jun 5, 2024
To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More
Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?
My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a... View More
Shane Michael Oncale
answered on Jun 4, 2024
answered on Jun 4, 2024
I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is... View More
Q: My ex and I divorce was finalled on 03/13/2024 and she is refusing to share how she filed on her taxes.
I understand that this year we would file Married and Filing separately even though we were married at the end of 2023. She filed single and separate and claimed both kids. I was under the impression that she was at the very lease suppose to file married and separate.
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James L. Arrasmith
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answered on Apr 15, 2024
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answered on Apr 15, 2024
I'm sorry to hear about your divorce and the difficulties you're facing regarding your tax filing. It's understandable that you have concerns about how your ex-spouse has filed her taxes. Based on the information you provided, here are a few important points to consider:
1.... View More
Q: How long do you have to start settling someone's estate
James Blount Griffin
answered on Apr 9, 2024
answered on Apr 9, 2024
A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More
Q: What's the difference between being 18 and being 19 in Alabama. From my understanding there is little to no difference?
I'm in a situation where I want to move to flordia with my boyfriend and his biological dad but my parents are very against it. I need to know if they can legally stop me from going. I'm 18 but not yet 19 which in Alabama is the age of majority. But what's the difference? What can a... View More
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James L. Arrasmith
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answered on Apr 3, 2024
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answered on Apr 3, 2024
In Alabama, there are a few key differences between 18-year-olds and 19-year-olds in terms of legal rights and responsibilities:
1. Age of majority: In Alabama, the age of majority is 19. This means that at 19, you are considered an adult for most legal purposes, whereas at 18, you are... View More
Q: Can I move to flordia from Alabama at the age of 18 without my parents permission.
My boyfriend might be having to move to flordia with his bio dad because of family issues and his bio dad said I could come to but my parents don't want me going. Could my parents stop me from going with my boyfriend to flordia even though I'm 18? I don't knoe if me going without... View More
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James L. Arrasmith
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answered on Apr 2, 2024
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answered on Apr 2, 2024
As an 18-year-old in Alabama, you are legally considered an adult and have the right to make your own decisions about where to live, even if your parents disagree. Your parents cannot legally prevent you from moving to Florida with your boyfriend.
The age of majority (legal adulthood) is 19... View More
Q: How can I a minor marry another minor without parents consent?
My partner has issues with his parents and I was hoping by marrying that could help him move out but I am aware we need parent's consent but his parents don't like me I just need to know is there anything I can do to help him out of his situation
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James L. Arrasmith
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answered on Mar 22, 2024
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answered on Mar 22, 2024
It's essential to understand that the laws regarding marriage, particularly involving minors, can vary significantly from one jurisdiction to another. In many places, minors require parental consent to marry. If one or both parties are under 18, this is usually a legal requirement.... View More
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.
He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More
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James L. Arrasmith
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answered on Mar 16, 2024
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answered on Mar 16, 2024
It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More
Q: What rights do I have to my child as a father who pays child support?
For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More
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T. Augustus Claus
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answered on Feb 9, 2024
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answered on Feb 9, 2024
As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More
Q: How do i prevent my daughters paternal grandparents from getting full custody? Who is the burden of proof on?
I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More
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T. Augustus Claus
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answered on Feb 1, 2024
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answered on Feb 1, 2024
In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best... View More
Q: Do I have to answer interrogatories
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T. Augustus Claus
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answered on Jan 19, 2024
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answered on Jan 19, 2024
In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure... View More
Q: How should I deal with the people that call looking for the person in charge of my wife's Estate.. She had no will.
My wife passed in August 2023. She had one personal loan and two credit cards in her name only.
James Blount Griffin
answered on Jan 5, 2024
answered on Jan 5, 2024
This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
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T. Augustus Claus
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answered on Dec 27, 2023
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answered on Dec 27, 2023
In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More
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