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Alabama Family Law Questions & Answers
1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Gov & Administrative Law for Alabama on
Q: What are my rights with DHR?

In August, I fled an abusive relationship, from NC, with the father of my children. I returned to my hometown. Having no other options at the time, my children and I ended up in a tent for around two weeks. The children slept on mattresses inside the tent, fully clothed, and covered with blankets.... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should hire an attorney. You are not required to submit to DHR requested drug screens. However, if you refuse, DHR will often use that to justify removing the children. If so, you will have a 72-hour hearing and you should request an attorney be appointed to represent you at the 72-hour... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: If my grandchild is 15 and horribly disrespectful in MANY ways, can I press charges and him be taking to bootcamp?

This child lives in my home and his mother as well. His mother lets him get away with literally EVERYTHING and won't do anything about his behavior. He has broken things in my home, disrespectful, smoking cigarettes, walks the roads whenever he pleases, cusses all the time and back talks... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

It is possible that you could file a CHINS (child in need of supervision) petition in the juvenile court for your county. However, before you seek that remedy, perhaps you should talk to the mother and explain your frustration with the child's behavior while the two are residing with you.... View More

1 Answer | Asked in Family Law for Alabama on
Q: In Alabama can a 18 year old be legally kicked out of the house if they are still in high school?

The 18 year old will not abide by the rules of the home, becomes confrontational and even aggressive at times (yes reports have been filed) when told or asked to do things or will just simply not do them. They will not abide by any punishment they are given unless as the say, they are going to... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You can file a CHINS (child in need of supervision) petition with the juvenile court in your county, and ask the court to intervene. Otherwise, the legal age of majority in Alabama is 19, and you are obligated as parents to support the child until he or she attains age 19. Perhaps you can explore... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I'm trying to find the petition for withdrawing of adoption

I have gave my cousin my twin daughter because of her son got shot by an officer that same year and she never had a daughter. And I had to get myself together and stable. And she asked about an adoption but I wasn't fully educated on it until now. I thought my me giving her to family I would... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You would receive notice of an adoption if your parental rights have not been terminated. If you receive notice of an adoption, you can file an answer objecting or not consenting to adoption. If there is not an adoption pending, and she was given legal custody by a court, then you can file a... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: Will my adopted children factor into the amount of c.s. I pay to my paternal children in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If my son's father is on his birth certificate, what rights does he have pertaining to custody?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I have a 2 year old son in foster care and I'm having/had problems with the social service system and things pertaining

Paperwork is not explained and pops up

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should visit the Clerk's Office at the courthouse in your county and complete an Affidavit of Substantial Hardship requesting that an attorney be appointed to represent you. If you qualify based on income, the juvenile judge will appoint an attorney to represent you. You could also contact... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What can I do if I am pro se and the opposing party has an attorney but has not responded to by Consolidated discovery?

Personally dropped off my answers/responses to their consolidated discovery along with my request. They are trying to hold me in contempt for visitation but will not show me any evidence they have.

I am aware they received everything because of comments made from other side but still have... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 3, 2022

If you properly filed the discovery, and also filed the notice of discovery with the Court, then you should write them a letter and ask that they answer. If they don't respond within 10 days -- and you have both provided discovery and filed a notice of discovery -- you should file a motion to... View More

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Should the parent feel guilty?

Elderly parent, low resources, has been trying to encourge their kid to get a job for the last seven years since high school. The kid responds with things such as, "no one is calling me", "I'll check this job out," goes to their room and comes back later, "they... View More

James L. Arrasmith
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answered on Jan 30, 2024

In this situation, feeling guilty is a common and understandable reaction for a parent, but it's important to consider the broader context. You've made efforts over the years to support and encourage your child in finding employment, which shows a commitment to their well-being and... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I LIVE IN AL, MY WIFE PASSED IN AUGUST2023 THERE WAS NO WILL AM I RESPONSIBLE FOR MY WIFE'S PERSONAL DEBT.

MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 4, 2024

NO

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

Prenup says he will pay housing for us for 3 years if divorced, but refuses and we are now homeless. Final judgment says nothing of prenup .

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 14, 2023

The scenario you presents does not make any sense. If you had an executed prenup it should have most certainly been introduced and been part of any divorce. There are some facts and circumstances missing from what you are saying. I would suggest you consult with an attorney (possibly the... View More

1 Answer | Asked in Family Law for Alabama on
Q: Does Shelby county Al DHR drug test for kratom
T. Augustus Claus
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answered on Sep 5, 2023

kratom was not typically included in standard drug tests. Drug testing panels generally focus on common illicit substances like marijuana, cocaine, opioids, amphetamines, and benzodiazepines.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can I take my child across state lines without my husband's consent? We are married and have no court custody order

We are married. My husband has been having some issues with substance abuse and I want to take our child to my aunts house in another state for a while, while hopefully my husband gets clean. But I would need to go without telling him or he wouldn't let us go, but I feel it would be safer for... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

No. With no custody order in place, you are free to travel within the United States with your child without the consent of your spouse.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How do I obtain a list of mental health providers names from the opposing party Lee county Alabama

I have requested a signed HIPPA release form for all mental health providers, I have also requested the list of providers through a request for production

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

That’s more properly the subject of an interrogatory than a request for production.

If no such list already exists, a request for production does not require one to be created.

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: I am renting a room from abusive sister. What's my expectations of privacy. Can she come in my room anytime?

She has given me 2 months to vacate but growing increasingly agitated with me. I'm not on the lease. She won't allow me to put a lock on the door.

Comes in and goes through my things.

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 8, 2023

You could possibly have a claim. It will likely depend on your rental agreement and reasonable expectation of privacy.

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: My father in law just passed away. He set it up to where on his death his 1.5 acres with his house and another

Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... View More

Anthony M. Avery
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answered on May 1, 2023

Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.

1 Answer | Asked in Estate Planning and Family Law for Alabama on
Q: Does next of kin inherit deceased mothers debt

My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school.

My friends child accidentally filled her Water bottle with alchol that was in the fridge and brought it to school. She was getting ready for work and asked her 8yr old to fill her water bottle from the water purifier in the fridge. She had a bottle of clear alchol in the refrigerator and the child... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 30, 2023

I think she should sit tight. If her facts are as she states, and she can convince a judge of that, she won't have a problem. What was the "clear alcohol?" If it was gin, it makes sense.

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
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answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: If I have sole physical custody and joint legal custody would I be allowed to move out of the state with my daughters ?
Scott Frederick Levin
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answered on Jan 24, 2023

Depending on the exact wording of your divorce decree, it is possible.

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