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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My son just turned 18 last week. He did not finish school or graduate. He is HF Asperger's, and has tried to work.

His anxiety was too bad to continue. His dad has stopped child support, but I'm confused as to where it's 18 or 19 in Alabama. I see 19,with stipulations. Help please, thank you!

Sheila Crumley Field
Sheila Crumley Field answered on Aug 6, 2020

It’s 19 In Alabama. He has to pay until your son turns 19, which is the age of majority in Alabama. Additionally have you thought about applying for disability for your son? Especially if a doctor recommended or diagnosed him with a condition that makes it impossible for him to work. You might... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have primary custody, he has visitation. He hasn't paid but $160.00 all yr 2020. It's court ordered that he pay $200

a month. He only picks them up maybe once a month for only a few hrs. Has already had dhr called before. What can I do about it?

Kristine Jones
Kristine Jones answered on Aug 4, 2020

Take him back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: HOW OLD DOES A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH IN ALABAMA?
Kristine Jones
Kristine Jones answered on Aug 3, 2020

Hello, 19 is the age when a child becomes an adult and can make that decision. Alabama has no age before that time at which a child can pick a parent. That said, as a child matures, he/she becomes better able to articulate to the judge why it is in her/his best interest to live with one parent... Read more »

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My daughter is 18 and joined the Alabama National Guard does my ex still pay til she is 19.
Sheila Crumley Field
Sheila Crumley Field answered on Jul 29, 2020

Yes. He is under a court order to pay you until her 19th birthday.

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: can my ex take my son away from me at twelve years old?

Me and my ex were never legally married. There was never any legal custody arrangements made and although he does legally pay child support and signed an affidavit. His claim is that when my son turns twelve he can choose who he wants to live with. and then added he doesnt however want his daughter... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 13, 2020

No it is not true. He can petition the court for custody at any time, however he has to prove that there has been a material change in circumstances that promotes the best interests of the child in order to change custody. He’s bluffing you.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Hi,I need to know how to go about with getting custody papers served to another state?

I want joint custody, but the mother is in another state than I am.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 7, 2020

You will have to file in the county where the children reside. Then the sheriff of that county will serve her.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Girl is married while having baby and husband is signing the birth certificate. Am I responsible in Alabama?

Girl got pregnant, and started dating her husband 1.5 months into pregnancy. They got married and he is signing the birth certificate and wants to adopt the child. What needs to be done and would I have any financial responsibility if he signs the birth certificate and I wouldn't see the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 7, 2020

The legal father of the child is the man to whom the mother was married. If he never denies the child, and accepts the child as his, you cannot be held responsible for the child and you also cannot assert any right to the child. See Ex Parte Presse.

1 Answer | Asked in Family Law for Alabama on
Q: Can I leave home if I'm married at 16 in the state of Alabama ?

Im 16 and partner is 20.

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

Yes if you are married. But you have to have your parents permission to get married since you are under the age of majority which is 19 in Alabama .

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can an 18 year old live away from his parents without their consent, without legal consequences for anyone involved?

Parents are trying to force a relationship on the child with someone the child decided to no longer have a relationship with.

Kristine Jones
Kristine Jones answered on Jul 1, 2020

Hello. No. 19 is the age majority in Alabama. When the child becomes an adult, then he/she can decide. Best of luck.

1 Answer | Asked in Family Law for Alabama on
Q: My daughter left her daughter approximately 1 1/2 years ago with me. Now wants her back bc she's mad at me. The child

The child doesn't want to go with her mother can I do anything?

Sheila Crumley Field
Sheila Crumley Field answered on Jul 1, 2020

Yes ma’am. Contact an attorney immediately and obtain temporary custody for a dependent child (one that doesn’t have a parent to take care of them). Let her explain to the court where she’s been for the last year and a half in her daughters life.

3 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My wife cheated on me twice with the same person. I want a divorce but not sure what the out come would be.

We have 2 children ages 5 and 13 I don't want to lose them

Travis T Juneau
Travis T Juneau answered on Jun 30, 2020

In any divorce where child custody is an issue, the behavior of the adults is an important factor in who has primary custody over the children. The question you must ask yourself is, is a divorce something you really want? Is your wife willing to work on your marriage and stop cheating? It sounds... Read more »

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1 Answer | Asked in Child Support, Education Law and Family Law for Alabama on
Q: Is there a way to have child support payments adjusted for a 15 year old who’s mother will not put him in school?

My husband has paid child support for his son, who is 15 years old, for the last 14 years, as ordered. The mother no longer adheres to the visitation they set In court. The mother refuses to enroll the child in public, private, or homeschool. The child has also been living back and forth between... Read more »

Kristine Jones
Kristine Jones answered on Jun 30, 2020

Hello. He has a right to take her back to court and enforce the orders in place for his visitation, school, etc. To answer your question about child support payment adjustment, no. The child is entitled to his parent's financial support until he is 19 years old, joins the military, or becomes... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Can my husband get court ordered child support? We're still legally married.

I recently moved out of the home I shared with my husband because there's too many people living there (his Mom, his brother, and 2 of his nephews) and he and I no longer got along. Our two kids are still living with him. He said he was going to the courts and ask for a court order. I still... Read more »

Kristine Jones
Kristine Jones answered on Jun 21, 2020

Hello. He can if he files for divorce. You need to seek legal advice immediately to protect yourself and your rights.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fam in NJ is trying to keep my daughter that’s visiting. I said no, now they’re claiming child abuse. What can I do?

She got there on April 29 to visit for the summer. They kept asking if she can stay for the school year and I said no. Now they are calling me saying she is hurting from physical abuse. When I called to talk to her they wouldn’t let me talk to her alone, and I could hear them coaching her. They... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 17, 2020

Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mychild is 16 she don't go to school haven't been since at least 8 grade she is 7 months pregnant an she work
Kristine Jones
Kristine Jones answered on Jun 16, 2020

Hello. Yes, you still owe child support until she is 19 years old, 100% financially self-supporting, joins the military, or gets married, whichever occurs first.

1 Answer | Asked in Family Law for Alabama on
Q: I am a 14 year old.my parents keep scratching,cutting or injuring me in ways that leave visible marks for months.

Hi. I am a kid and my parents keep scratching, cutting, and otherwise injuring me in a fashion that leaves very visible marks after a day or two, some even for years. They only do this when they are drunk, and I was wondering what to do. I love them and don't want them to go to jail, but it... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jun 14, 2020

You could call DHR. That way they won’t go to jail, but would be provided with services to get some help for their addiction to alcohol. But be warned, they will probably take you out of the homes and place you with a relative as part of a safety plan. If you don’t have any relatives you will... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: Child has graduated high school. CS is not court ordered just an agreement. Does it have to continue until age 19?

CS was an agreement between the mom and dad there is no court order or paternity test. The child graduated in Dec 2019. He won't be 19 until Aug 2021. The child has no plans for college or work. Is the dad responsible to continue paying CS?

Sheila Crumley Field
Sheila Crumley Field answered on Jun 6, 2020

No. If there was no court order you don’t have to do anything. That’s awesome of you by the way.

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: Wife Closed Bank Acct Where Pmt Was Sent

My husband pays child support every two weeks and it was previously deducted from his paycheck (not because he was in arrears but for convenience) he lost his job so for the past 6 months we have mailed personal checks directly to Alabama child support office. His ex wife called today and said she... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 6, 2020

Your instinct on this is absolutely correct. It is up to her to keep her banking information current with Alabama Child Support Collection. They can also send her a debit card that does not use her bank or a check and she can then do what she wants with the check. You can pay direct if you... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Is it illegal for a girlfriend to spend the night while the child is over during visitation in Alabama?

The child is 15, almost 16 years old. The parents have joint custody. I'm dating the dad but the mom says in Alabama it's illegal for the child to come over if I'm staying the night. Also, says if we go on vacation and take the child, I am supposed to have a separate room. I found... Read more »

Kristine Jones
Kristine Jones answered on Jun 5, 2020

Hello. It depends on what their decree or Settlement Agreement says. Some have provisions preventing that behavior, some don't. Best of luck!

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