Get free answers to your Family Law legal questions from lawyers in your area.
So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... View More 
answered on Sep 7, 2021
If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... View More
He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... View More
answered on Jul 27, 2021
It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.
The key... View More
His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... View More
answered on May 4, 2021
If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... View More
answered on Apr 4, 2021
An Alabama attorney could advise best, but your post remains open for two weeks. You could reach out to attorneys in your area who handle defamation cases. As a GENERAL matter, these types of cases are not usually handled on a contingency basis like a car accident - which means that regardless of... View More
We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2021
Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.
answered on Feb 13, 2021
You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... View More
I pay child support on time and am a full time college student.
answered on Jan 8, 2021
You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.
I am current on my child support
answered on Dec 10, 2020
As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.
While the custodial parent is not entitled to the child support on... View More
He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).
He put our infant daughter in danger many times & screamed at her, tossed her onto... View More
answered on Nov 23, 2020
You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get... View More
The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... View More
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
answered on Nov 18, 2020
You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.
Her and her mother threaten my son with not being able to see his baby if he doesn't jump to her every demand. They are 18 and 19. It will be a bigger issue once the baby gets here. Were do I start legally helping him establishing his rights
answered on Nov 12, 2020
The first thing your son has to do is learn what his rights are. If he wants a right to the child he is going to have to go to court. He should sign the birth certificate. If they attempt to stop him, he should register with the Putatative Father's Registery (Ala. Code 26-10C-1). After the... View More
And pawning the baby off on her parents. The baby has my son's last name and my son is listed as the father on the birth certificate. Does my son have any rights to get his son away from this bad situation. The girls mother wants to raise the baby as hers.
answered on Nov 3, 2020
Yes absolutely!!! Get to a lawyer immediately and petition the court for temporary custody. Good luck!
I made contact with the child support office in Shelby County, AL the office say I need to fill out a petition, she tells me CS-47, 'Petition for Termination upon Payment of Arrears' is that the petition I'm suppose to fill out. I just want some straight answers, so I can stop any... View More
answered on Nov 3, 2020
Go to eforms.alacourt.gov and look for form CS-37 which is the form Petition for Termination After Payment of Arrears. That’s the form
You need to fill out and file with the clerks office to stop the withholding. Good luck!
My children are 13 and 15. At what age can my children decide which parent they want to live with?
answered on Oct 26, 2020
Ok, you have 2 different questions really. First, unless there is a court order is place directing otherwise your ex-husband cannot control whether you take your children out of state. Now, you cannot move without following the relocations procedures but as far as out of state trips or visits go... View More
answered on Oct 25, 2020
The age of majority in Alabama is 19, so technically she can. And.. if she pays for the phone, then she can look at it.
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... View More
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!
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... View More
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... View More
I would like to probate the lawsuit since he left no will and testament
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... View More
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.
