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Alabama Juvenile Law Questions & Answers
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. They... 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.

1 Answer | Asked in Criminal Law, Family Law, Internet Law and Juvenile Law for Alabama on
Q: Can I move out if I get married at age 18 in the state of alabama?
Samuel G McKerall
Samuel G McKerall answered on Jan 13, 2020

Yes, you can. You can also move out whether or not you get married, so if you're getting married just so you can move out, don't bother. Just move out, Now, whether you OUGHT to do either one - get married or move out - are different questions, but with respect to whether you CAN do it, the... Read more »

1 Answer | Asked in Juvenile Law for Alabama on
Q: My son is currently 18 years old but will be 19 in 52 days. What are the requirements to be able to kick him out at 19?

Currently reside in the State of Alabama where the age of majority is 19.

William Jaksa
William Jaksa answered on Sep 7, 2019

Simply telling them to leave should be enough. If not, then issuing them a trespass warning and involving the police would be the next step. If this fails, then a court order is your final and most expensive option.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: At 16 ( almost 17 ) can I choose to go live with my mom full time. ( right now I have to switch houses every week )
Kristine Jones
Kristine Jones answered on Apr 30, 2019

Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Alabama on
Q: My special needs sonis being singled out, punished, threatened, and bullied athis school no one will help can u help?

my son is diagnosed and receives ssi from the government for his condition. They havet him in a school with other children who have been kicked out of regular school for fighting and other things. My son has an iep and they put in a secial needs kid with bullies and when he stands up for himself he... Read more »

Gary Kollin
Gary Kollin answered on Oct 18, 2018

I am sad to read about this matter.

I am struck that you would follows anyone's recommendation to physically punish your special needs child. Have you ever attended your child's IEP review?

Have you ever sought out the independent ombudsmen who assist in these situations?...
Read more »

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can DHS take measures against a mother who tested positive for marijuana at three months pregnant, when she has had the

child and there were no drugs present? The birth was full term.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 10, 2018

Yes, DHR can.

1 Answer | Asked in Juvenile Law and Probate for Alabama on
Q: My brother-in-law died recently. He had two daughters. One is under age (14) and the other is 21.

The 21 yrd. applied for adm. of estate and received a sum of life insurance money. She then kicked the sister out and is selling her father's things. I have nothing to gain in this but I feel the minor is being mistreated. She lost her father and her home. Can someone help her legally? The minors... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 26, 2018

Keep praying..... but hire a probate lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Do I have to file for custody of my 3 if my ex and I was never married and he is on their birth certificates?

I'm the mother out of wedlock do I have to fight for custody or do I have it until I'm taking to Court by the father of my kids ?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 25, 2018

You don't have custody at this point. Being on the birth certificate merely means you are presumed to to be the father.

You don't have custody. You have to make a filing in court to get that

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 16 year old date and have a child with a 26 year old that is single and has two kids in the state of Alabama

The 16 year old is on probation and lives with grandparents attends school and loves his relationship and kids and is working a job

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 22, 2018

First of all, "date" means go to the local burger joint together. It does not mean have sex with. THe 26 year old may well be contributing to the delinquency of a minor. She will probably not be liable on sexual abuse charges because his is 16 years old. The 16-year old, naturally, is all about... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can a 16 yr old decide to permanently move away from home without parental consent.

Is who they are living with right now breaking any laws by allowing them to live there without consulting the legal guardian at all and also moving out of town with the child without parents permission

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 16, 2018

You can't keep the child away from the parents. If there is a problem with the parents -- if they are unfit -- then a private custody petition would be in order.

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Alabama on
Q: An underage (but of the age of consent) sent me a kinda suggestive picture, am I in trouble?

We had spoken for a while with a romantic tone, and she out of the blue sent me a picture last night of her in a baggy top with a bit of her chest showing. I'm really scared

Samuel G McKerall
Samuel G McKerall answered on Mar 30, 2018

No.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general...
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1 Answer | Asked in Juvenile Law and Criminal Law for Alabama on
Q: Can a 24 year old get in trouble for talking to a 17 year old?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 4, 2018

Talking to??? You mean having sex with, don't you?

Here is the statute:

Alabama Age Of Consent Law:

13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old...

13A-6-67 : (a) A person commits the crime of sexual abuse in the second...
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1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: Stolen Automobile

My friend stole his grandpa's truck and came and picked me and a guy up. His grandpa is pressing charges what would you think the results would be? I'm 14 years of Age in Alabama

Samuel G McKerall
Samuel G McKerall answered on Feb 3, 2018

With a good lawyer you probably won’t be found guilty of anything because under the facts as stated you didn’t do anything. With no lawyer you may get caught up in the system and not be able to avoid a conviction. On the brighter side, your friend is probably not guilty of the felony crime if... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for Alabama on
Q: IM 14 and my boyfriend is 16 , is it illegal for us to date ? If so can you please explain
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 15, 2018

By date, I assume you mean have sex -- and not go to the Malt Shop and listen to records. Here is the law

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older THAT IS YOUR BOYFRIEND , he or she engages in sexual intercourse with a member of...
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1 Answer | Asked in Juvenile Law for Alabama on
Q: Am I responsible for court fees as minor? (Continued) thanks mr. Coleman

It was a juvenile court case. I know for a fact that once a child has legally become an adult the court fees/costs are transferred to that individual. What exactly will happen when I show up on that court date? Jail time for not paying court fees even though that's not legally possible as minor?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 4, 2018

The transfer of the liability for the fees is something with which I am not familiar. I don't know what role you played in the case. If you were represented by a next friend because you were a minor, you may be liable for the fees now that you are an adult. If you are still a minor represented by a... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Is a minor responsible for court fees?

The letter I received says pay or appear in court and it states my name I'm only 18 so why am I now responsible for my court fees. My mom refuses to pay the rest even though I gave her the money to pay it off. (Yes I'm aware the age of majority is 19) more info: i was put in a juvenile detention... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 4, 2018

What kind of case is this?

1 Answer | Asked in Child Custody and Juvenile Law for Alabama on
Q: If I am 16 can I legally leave home and live with someone else without parental consent?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 29, 2017

No. You are a minor.

1 Answer | Asked in Juvenile Law and Education Law for Alabama on
Q: In Alabama could I get in any trouble for my attendance when I’m 17 years old. Could it effect having to repeat.
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 18, 2017

I assume you are asking if you can get in trouble for refusing to go to school? Yes, because you are 17 you could be the subject of a CHINS petition. Try your question again and give some details

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: If person at age of majority in SC (17) moves to AL where the age of majority is 19, does AL. recognize them as adult?

The 17 year old would be living with another family member (age 50) who would provide for them and keep them in school. This person raised them along with an adoptive mother but is now moving to Alabama and would like to take the young person with them. The 17 year old and the adoptive mother (who... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 15, 2017

No.

1 Answer | Asked in Juvenile Law and Family Law for Alabama on
Q: If I was in jail and my girlfriend lost our two kids how I get them back
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 27, 2017

You need to supply a few more details before I can attempt to answer. I am guessing that the mother of the child had the children picked up by the Alabama Department of Human Resources. After that there would be a 72 hour hearing and then DHR would work to put the children back with the parents or... Read more »

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