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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fiancé and I have a 1yr old son. He was put down on the birth certificate but since we’ve split but he says he wants

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 »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 25, 2020

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!

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: I am still legally married to my wife and we are not legally separated. We have not been together for 2 years.

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 »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 22, 2020

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 »

1 Answer | Asked in Car Accidents, Family Law and Personal Injury for Alabama on
Q: How do I find my dead fathers lawsuit from the accident that led to his death

I would like to probate the lawsuit since he left no will and testament

Tim Akpinar
Tim Akpinar answered on Oct 20, 2020

An Alabama attorney could answer best, but your post remains open for two weeks. I'm sorry for the loss of your father. If the case was placed into suit, you could look into whether it appears in any of the online resources of uniform court systems. Nationwide, more and more court systems have... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mother is 17 her mother listed on court documents for CS why is that In Alabama
Sheila Crumley Field
Sheila Crumley Field answered on Oct 14, 2020

Because she is a minor. Anytime a minor is listed on court documents it’s “by and through” the parent of the minor. The age of majority in Alabama is 19, so she has to have her mothers name on the documents.

1 Answer | Asked in Car Accidents, Family Law and Personal Injury for Alabama on
Q: How do I find my dead fathers lawsuit from the accident that led to his death
Sheila Crumley Field
Sheila Crumley Field answered on Oct 9, 2020

All courthouses have access to the state filing system known as Alacourt. They are free to look information on. You can use this system to find the lawsuit in Alabama.

1 Answer | Asked in Family Law for Alabama on
Q: Can my ex keep my child from me even though we both have full parental rights?

we have not have not been to court yet no papers have been filed that i am aware of. Is the father of my child allowed to move across state lines without my permission and without me knowing? Also, He (father) signed the birth certificate at the hospital but i am still legally married to a... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 9, 2020

If you have not been to court you have full custody because you are married to someone else. Until a court of law adjudicates him, he has no rights. Go get you son.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: At what age can the child legally decide to stop going to visitation with other parent?

We're divorced and I have full custody. My ex has supervised visitation and over time normal visits may resume my soon to be 12 year old doesn't want to have anything to do with him because of mental and emotional abuse on his behalf.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 3, 2020

There is no age in Alabama when a child can decide they don’t want to go visit. I lot of people think there is, but there is not. Just as he is ordered to pay child support, you too, are ordered to comply with the visitation schedule. Good luck.

1 Answer | Asked in Family Law for Alabama on
Q: 16-year-old son no longer wants to live with father.

My son is 16 years old and has a terrible relationship with his father, his father is or has a very bad temper and tends to throw things and my son is scared what can I do

Sheila Crumley Field
Sheila Crumley Field answered on Oct 2, 2020

Petition the court for a change of custody.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: can a 15 year old girl go to jail for running away because they are being mistreated ?

& can a 15 year old choose to live with a close relative that they grew up with that basically raised them , because they feel that they are being mistreated ?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 29, 2020

Yes you can. You can go to juvenile for running away.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do I contest a custody order that was made by a judge in another state that did not have jurisdiction
Sheila Crumley Field
Sheila Crumley Field answered on Sep 28, 2020

You need to provide more information before we attempt an answer. Such as, what is the Order for? When was it filed? Were you served? Is it a modification or original divorce? Please provide more information. Thank you.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I have 3 month old child and the father is narcissistic person. When he comes around he only comes for my money.

And verbally abuse me. I did a protection order but he held me hostage so I couldn’t go he also threaten me If I go back that he will hurt me and take our child. How can I collect child support and not let him be around my child? He sell drugs and is not a stable person.

Sheila Crumley Field
Sheila Crumley Field answered on Sep 27, 2020

Please contact 2nd chance and they will help you get away from him.

Also contact DHR who will go after child support without giving any visits. Good luck to you.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How much will this cost,
Sheila Crumley Field
Sheila Crumley Field answered on Sep 23, 2020

How much will what cost? You haven’t said anything about the type of case it is.

1 Answer | Asked in Family Law for Alabama on
Q: If I’m on my son’s birth certificate, do I have rights to visitation
Sheila Crumley Field
Sheila Crumley Field answered on Sep 21, 2020

No sir, not until you are adjudicated in a court. A child born to an unwed mother is sole custody to the mother, even if you are listed as his father on the birth certificate. If you want visitation you will have to Petition to establish Paternity, Visitation and custody if you want rights to your... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: My son is 18, his girl friend and him have a baby, her family is not allowing him to see the baby, what can we do

They will let us see the moter but not the baby and he was present for the birth and he is on birth records and baby has his name

Sheila Crumley Field
Sheila Crumley Field answered on Sep 19, 2020

Petition the court to establish Paternity, visitation and child support. He can exercise his rights and they can’t stop him. He’s the father, not the grandparents.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My child is 1 years old, is their a law she doesnt ha e to spend the night weekend till shes 3yrs?

The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... Read more »

Kristine Jones
Kristine Jones answered on Sep 10, 2020

Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I am unwed, pregnant, & do not want the father of my child involved in the pregnancy. What are my rights in AL?

We were in a serious relationship during the beginning of me becoming pregnant however have since broken up. He has become manipulative & verbally abusive & I am considered to be a high-risk pregnancy. Can I have him not be involved at all in my pregnancy & prenatal care &... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 10, 2020

He does not have the right to bother you during your pregnancy. Contact him one last time and tell him if he bothers you again you will have him arrested. And then stop all contact. If he bothers you again call the police and have him arrested. When you go to the hospital and have the baby, do not... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can i fill for full custody through dhr when i already been to the state

My husband took his childs mother to court for joint custody in December 2019 he got joint everything but he is on child support aswell a accident happened in may where she cameto my(his wife)mother house to fight left the car in reverse while child was in it now she has a pending child... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 8, 2020

You have a lot of questions in this and have not provided much information. You need to get to a family law attorney immediately. Also just for a short answer, yes he can get in trouble for not paying child support when he is ordered to, even though he hasn’t seen him. And probably yes, you need... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What do i need to do to start the process on trying to get my son back home with me? In need of a lawyer.

Father has physical we share joint. I pay child support to him and im having issuses out if the wife,child isnt happy wanting to be home with mother. Mother works, own cars and stable living. Never on drugs or etc.....

Kristine Jones
Kristine Jones answered on Sep 4, 2020

Hello. You can file for a modification. You should seek local counsel for advice. Thanks for your question.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My fiancé and I have 2 year old twin boys that are staying with a family friend while we fight with DHR to get custody

The family That has them always said that they were fine financially I did not need any money from us. But now after 10 months the DHR’s Lawyer Is Requesting for us to pay child support..We don’t have a problem paying, but I don’t understand how they can ask for back pay all the 10 months... Read more »

Kristine Jones
Kristine Jones answered on Sep 4, 2020

Hello. Yes, other people are feeding, housing, and clothing your children. You are still financially responsible and they can obtain child support from you and the father.

You can pay the minimum amount, but the interest will accumulate and you will owe much more than $3,000.00. Don't...
Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: What are birth father's pregnancy and birth financial responsibilities when he impregnated a minor?

My daughter, 16, had a baby with an adult man. She is unmarried, living with her mother, and I am paying child support for her plus insurance. Is the baby's father responsible for any hospital bills related to her care?

Kristine Jones
Kristine Jones answered on Sep 4, 2020

Hello. Your daughter is still a minor and whatever the current order states, that is what you will need to follow. The father is financially responsible for his child, not your child (daughter). Thank you for the question.

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