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Alabama Family Law Questions & Answers
1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale
Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.
Kristine Jones
Kristine Jones answered on Mar 16, 2019

Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: If a mother can be proven unfit can she be put on child support?

The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it

Kristine Jones
Kristine Jones answered on Mar 16, 2019

Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on
Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »

Kristine Jones
Kristine Jones answered on Mar 11, 2019

Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

1 Answer | Asked in Family Law for Alabama on
Q: My husband abandoned me and my two children seven years ago, can I file for spousal support and child support? How?
Shane Michael Oncale
Shane Michael Oncale answered on Mar 10, 2019

If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?
Shane Michael Oncale
Shane Michael Oncale answered on Mar 10, 2019

A "lawyer" can't order you to do anything. Only a judge could enter an Order.

1 Answer | Asked in Family Law for Alabama on
Q: My son is 19, he works part time but he is going to college, he has ADD, can I get more CS?

N/a

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 5, 2019

Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: How do you find out if someone is legally married to two people

Is my marriage to this person legal

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 3, 2019

A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What motions should I file to get my son back asap?

My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Feb 27, 2019

First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution.... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on
Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 18, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.

I have full custody of my son. Colorado put a forthwith pickup of minor order but it doesn't work in Alabama. Alabama won't rewrite unless Colorado judge calls and confirms. Colorado refused to call because there is no case open in Alabama. I'm goin to Alabama to open case but 1) what do I file? I... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Feb 17, 2019

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... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones
Kristine Jones answered on Feb 17, 2019

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!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?

If you are compensated will the custodial parent be responsible for reimbursing you? The judge that presided over my custody case handled things very poorly. Of course I wasn't represented and he was so nothing I got in my favor. The judge asked me and child's Father our annual income without... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 15, 2019

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... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?

In Alabama, and dad wants to see his son like crazy but no one in the family will help him to see his 5 year old son because they 'don't want to get involved'. She has a restraining order against the dad because he yelled at her last year (she is one of those who is using the system to her... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 14, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to

She says if the court asks for more money she will drop the case. So she filed to go to DHR for support. What can I do?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 7, 2019

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

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Can a judge make me move back after moving to another state if there is no custody agreement?

I'm moving to Tennessee from Alabama. It's a 5.5 hour drive one way. My ex boyfriend and I do not have a custody or visitation order. He isnt involved with my son except for two days a month. When my son is there, they only play video games (so of course my 5 year old loves going). My ex works a... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 5, 2019

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... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: If the parents were unmarried when both children were born & there is no custody agreement, who is the custodial parent

I am the mother and want to make sure I don't need dad's permission to move or anything else pertaining to the children

Kristine Jones
Kristine Jones answered on Jan 30, 2019

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... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: Who do i contact in Tuscaloosa County,Al my father died and now a lady say she’s my sister I need a DNA but I live in Tx
Kristine Jones
Kristine Jones answered on Jan 30, 2019

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...
Read more »

1 Answer | Asked in Family Law for Alabama on
Q: Can a spouse get off paying spousal support of 17 yr marriage ,he was sole provider and same job for 21yr.
Kristine Jones
Kristine Jones answered on Jan 30, 2019

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!

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I had a child out of wedlock 10 years ago. Mother has sole legal custody . I have my child about half the time and pay

child support. I'm married (for 8 years). Mother is not. We all get along well. Mother said she is going abroad for a few months to study with a religious sect. Wants to leave our child with me and my wife. Should I file for a modification for joint legal custody? I'm fine with our physical... Read more »

Kristine Jones
Kristine Jones answered on Jan 30, 2019

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... Read more »

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