Lawyers, Answer Questions  & Get Points Log In
Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm from Alabama. My daughter is 12 and her mother has primary custody. What age can she legally decide to live with me?

She has requested to live with me instead. She feels uncomfortable with mom's new boyfriend and they just got engaged.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

19

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I live in Ala. w/ my 4 yr. old son.The biological father lives in TN.Where do i file for acknowledgement of paternity?

Father has never helped or tried to meet son.His name isnt on birth certificate.I gave birth in TN but have been living in Ala. Trying to figure out how to get paternity testing or acknowledgment of paternity form and in which state should i file?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

Alabama, the home state of the child. I would say you should consider terminating any right that he has. Get rid of this guy once and for all.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex threatens me to go back to court for custody of our son, but acts like he doesn't want him. What can I do?

He was ordered to pay child support back in October, but has only paid one month so far. He keeps giving the court the wrong names of his employers on purpose to avoid payroll withholding. He only makes token attempts to talk to our son for only two minutes at a time every night. He calls at the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

You can go back to Court and ask for your support. If he is a danger to the child, you must show that to the Court.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: child support issued in GA.EXwife moved to alabama, youngest child turns 18 in May. Does my child support order cease?

My original child support order was issued in GA in 2006, indicating that child support ceases when both children turn 18. Can Alabama modify this or extend it

Kristine Jones
Kristine Jones answered on Mar 12, 2020

Hello. Alabama can modify if she turns the case into an Alabama one. Unless she does, it remains in GA subject to GA law. Best of luck.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: To marry or not to marry!

His ex wife gives him hell about their son he pays child support every month and we have him (by papers) every other weekend and every Wednesday. My bf works swing shift so on the Wednesday’s he is at work he’s not here. When he is on days we have him after school until as late at 10pm on... Read more »

Kristine Jones
Kristine Jones answered on Mar 12, 2020

Hello. The move must be greater than 100 miles for that provision to trigger. A local attorney where the case is can give him a better answer to the marriage question. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Unmarried couple that has a child together he works & she is a stay at home mom if they split will he get full custody?

At the time of their split if she has no job but can provide a place for them to live dan she get full custody?

Kristine Jones
Kristine Jones answered on Mar 9, 2020

Hello. They are not married so when mom moves out after the breakup, she needs child support either via private attorney action or her filing it via DHR. Custody only becomes an issue before the court if dad makes it one. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I sign my rights over voluntarily
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 9, 2020

A petition to terminate your parental rights must be filed in the juvenile court. You would then file a consent. Be aware that such a termination does not make your back child support go away. Also, if the court believes that you just want to sign these rights away so you can avoid supporting the... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: How can I take someone off my daughters birth certificate if I haven't seen or known his residence since October 2019?

And my daughter is about to turn 2. I want to get her name changed.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 5, 2020

You will have to terminate his parental rights in the juvenile court.

View More Answers

1 Answer | Asked in Family Law for Alabama on
Q: We reside in Alabama. My 18 year old, a high school student has ran away from home. Can I make her come back home?

She wants to stay at her boyfriend's house. He still resides with his parents.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

The age of majority is 19, however, to file something in the juvenile court to make her come back (a "CHINS" petition-- child in need of supervision) may only be done before the child's 18th birthday. If you need to discuss further, let us hear from you.

1 Answer | Asked in Family Law for Alabama on
Q: My wife and I separated and she is pregnant by IUI donor sperm and saying I won’t have rights . Anything that I can do ?
Shane Michael Oncale
Shane Michael Oncale answered on Mar 3, 2020

I do not know if you are in Alabama or not and that would be a considerable factor as I am not licensed in LA or elsewhere and cannot give you advice on how the matter may be handled in other states. You need to consult an attorney in the state where the soon to be child and mother are located.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My niece and her boyfriend of 7 yours ( never married) just split up. They have 2 children, 4 year old and 4 month old.

She and the 2 kids moved in with her grandmother. She went to DHR and filed for child support and when she did he told her he was going to take the kids from her and she would never see them again. She is afraid now to let them go visit him in fear of him not giving them back to her. He smokes weed... Read more »

Kristine Jones
Kristine Jones answered on Feb 24, 2020

Hello. Getting child support is a default award of custody in Alabama. She should be asking her case worker what all DHR will or will not help her with in terms of what to file for in this situation. If he files for custody, then she will need an attorney to handle the custody aspect of the case... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Alabama on
Q: My sister abandoned her children

My sister moved to another state with her two younger children, age 12 & 16. She became homeless and could no longer afford to keep them. She dropped them off at her 22 year old home in Alabama. They were only was suppose to stay for the holidays. It’s been 4 months and she has not returned.... Read more »

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

This honestly sounds like a situation where you might want to consider getting the Department of Human Resources involved. Also, I would recommend consulting with an attorney.

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My ex-wife lives in a different county than me. The DHR manager is her cousin. Can I get the county assigned changed?

The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what do I need to file to keep ex husbands alcoholic girlfriend away from our children?

We have joint custody, he gets every other weekend visitation. During his visitation our kids have to witness his girlfriend verbally abuse him. She makes vile remarks about his man parts, yells and screams, becomes out of control on alcohol in front of the kids. Police have been called out... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. You can try and file a PFA on behalf of your kids against the g/f. Or, file for a modification of custody and see if that gets the attention of dad regarding who he chooses to have around his children. Best of luck!

2 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Aren't IWOs standard for child support in initial custody cases unless otherwise agreed to by both parties? (AL)

Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?

Kristine Jones
Kristine Jones answered on Feb 2, 2020

Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: I lived with my boyfriend for several years. We have a 9 year old child. Do i have to file divorce eventhough we never

actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: I paid my child support in cash, how can I prove I paid?

I made the mistake of paying my ex in cash for child support. I do have bank statements that show the exact amounts I withdrew and each time and I also have his mother who is willing to testify that I did pay him. (He lives with her and majority of the money went to her for bills.) Will the judge... Read more »

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. This is really more of an evidence question, subject to the rules of evidence when it is offered at the hearing. Evidence questions and proof of your case is best discussed with your attorney. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Do the courts go back in child support orders to previous years?

My ex and I go through the courts to modify child support. If my ex receives a raise (5k a year) But doesn't tell me until a year later, do the courts go back for retropay?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. It depends. The judge has discretion about those matters and may take into account various actions by the parties. However, neither of you are obligated to disclose your income to the other, unless you are in litigation. Best of luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Cohabitation and Child Support/Custody My fiance and his kids' mom were never married and have been apart for 6 years.

My fiance and I have been together for 1.5 years. We moved in together and have lived together on and off for a little over a year. He has 6yo twins and has 'Schedule A' visitation. Their mom has violated the visitation by weaseling her way around the agreement and 9/10 times stays at his... Read more »

Kristine Jones
Kristine Jones answered on Jan 26, 2020

Hello. I do not practice in or around Gulf Shores, so your reference to "Schedule A" visitation may be something that is local to Baldwin/Mobile counties. Without having the exact language of the visitation, it's impossible to say whether or not there is merit to her concerns. It is... Read more »

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.