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.
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.
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!
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.
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.
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
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.
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!
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!
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!
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...
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!
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...
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?...
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....
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...
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...
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.
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
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