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Alabama Juvenile Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: How can I a minor marry another minor without parents consent?

My partner has issues with his parents and I was hoping by marrying that could help him move out but I am aware we need parent's consent but his parents don't like me I just need to know is there anything I can do to help him out of his situation

James L. Arrasmith
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answered on Mar 22, 2024

It's essential to understand that the laws regarding marriage, particularly involving minors, can vary significantly from one jurisdiction to another. In many places, minors require parental consent to marry. If one or both parties are under 18, this is usually a legal requirement.... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on
Q: Can Child Protective Services go to my child's school and talk to them and ask them all kind of questions?

Questions they aren't even old enough to know the answer to. I was under the impression that I was supposed to at least be informed or something. I could be 100% wrong but now my babies are upset that these random people were asking them questions about me and their father. We stayed in a... View More

James L. Arrasmith
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answered on Feb 4, 2024

Child Protective Services (CPS) has the authority to visit your child's school and talk to them if they have received reports or concerns about a child's safety or well-being. However, in most cases, they are expected to inform parents or guardians about their visit and the reasons behind... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can I seek legal action against an adult who is helping my minor child skip school and hiding her at her house
James L. Arrasmith
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answered on Dec 1, 2023

In Alabama, if an adult is knowingly contributing to the delinquency of a minor, such as by helping your child skip school, you may have grounds for legal action. This can potentially be considered as contributing to truancy, which is a violation of compulsory education laws.

First,...
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1 Answer | Asked in Juvenile Law for Alabama on
Q: Can I leave home at 18 in Alabama without emancipation if I have a job and host approval?

I'm 18 and living in Alabama. Due to my mental health, I plan to move out with a friend whose mother has given permission. My parents oppose this decision and won't sign for my emancipation. I have a job and plan to continue high school. Can I leave home by simply leaving a note for my parents?

James L. Arrasmith
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answered on May 16, 2025

At 18 years old in Alabama, you are legally considered an adult. That means you have the right to make decisions about where you live, even if your parents disagree. You do not need emancipation because that process is for minors under the age of 18 who want to gain adult legal status. Since... View More

1 Answer | Asked in Civil Litigation and Juvenile Law for Alabama on
Q: Can Alabama Rule 25 apply to remove a parent from a case since the defendant is now an adult?

In a personal injury case that started in 2019, a defendant who was 16 at the time and had their mother involved in the case due to their age is now 21. The case had its first trial in 2022, but the judge retired without ruling. A second trial occurred in 2024. Now, the attorney wants to use... View More

James L. Arrasmith
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answered on May 15, 2025

Alabama Rule of Civil Procedure Rule 25 is typically used to substitute a party in a case when that party dies, becomes incompetent, or undergoes a change in legal status, such as in the case of a guardian being replaced when the defendant becomes an adult. In your situation, since the defendant... View More

1 Answer | Asked in Juvenile Law, Family Law and Employment Law for Alabama on
Q: Court date due to DHR taking my child after failed drug test for methamphetamine with abuse claims, what to expect?

I have a court date today in juvenile court because the Department of Human Resources (DHR) has taken my child. I was not served any papers regarding this. I previously failed a drug test administered at my house in the morning, which showed methamphetamine use. The paperwork indicates child abuse,... View More

James L. Arrasmith
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answered on May 15, 2025

At the hearing, you can expect the court to review the circumstances surrounding the Department of Human Resources (DHR) taking your child. Since DHR has filed a petition alleging child abuse, they will likely present evidence supporting their claims, which may include the drug test results.... View More

1 Answer | Asked in Juvenile Law and Family Law for Alabama on
Q: Can I move out and live with a friend in Alabama once I turn 18?

I am currently 17 years old and living in Alabama. I plan to move in with a friend after I turn 18 in August, as I feel controlled by my parents and unable to make independent decisions. Although I have a job and earn my own money, my parents currently control my access to it. They are unaware of... View More

James L. Arrasmith
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answered on May 15, 2025

Once you turn 18 in Alabama, you are considered a legal adult. That means you have the right to make your own decisions, including where you live, even if you're still in high school. Your parents cannot legally force you to stay at home or control where you go once you reach that age.... View More

1 Answer | Asked in Child Custody, Juvenile Law, Real Estate Law and Family Law for Alabama on
Q: How to remove my minor son's name from our vehicle title in Alabama due to safety concerns?

I am the primary custodial parent and owner of a vehicle titled and registered in both my name and my minor son's name in Alabama. Due to safety concerns, as my son is a juvenile and has been running away, I need guidance on removing his name from the vehicle title. What steps should I take,... View More

James L. Arrasmith
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answered on May 14, 2025

You're facing a difficult situation, and it's understandable that you're trying to protect your son while also making sure everything is legally sound. In Alabama, making changes to a vehicle title—especially when a minor is listed—requires you to follow a few key steps. Since... View More

1 Answer | Asked in Juvenile Law and Family Law for Alabama on
Q: How does extended foster care benefit juveniles aged 18-21 in Alabama?

I'm seeking information on how extended foster care benefits juveniles aged 18-21 in Alabama. What are the specific advantages or support services provided to this age group under extended foster care?

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, extended foster care provides significant support to youth transitioning from adolescence to adulthood. This program allows young adults aged 18 to 21 to remain under the care and supervision of the Department of Human Resources (DHR), offering a range of services designed to promote... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: Legal consequences for first-time theft of property 3rd degree in Alabama.

I'm concerned about my 18-year-old daughter who has been charged with theft of property 3rd degree for stealing Percocets from a private residence in Alabama. This is her first offense, and she is a straight-A college student. She has admitted to the theft and surrendered the drugs. No legal... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, theft of property in the 3rd degree is considered a Class A misdemeanor, which can result in penalties such as up to one year in jail and/or fines up to $6,000. Since this is your daughter’s first offense and she has already shown remorse, she may have the possibility of a more... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama on
Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy... View More

James L. Arrasmith
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answered on Sep 24, 2024

I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Alabama on
Q: Grounds for termination of parental rights?

We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 16, 2023

Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise... 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 Juvenile Law for Alabama on
Q: im 17 but turn 18 in 6 monthes can i move out i live with my grandma i live in alabama
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Unfortunately, the age of majority is 19 in Alabama. If you are seeking to be treated as an adult, and be able to enter contracts (like leasing an apartment) you would need to be emancipated.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Does Alabama have rights for an aunt if the mother dies?

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

Nelson Craig Johnson
Nelson Craig Johnson
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

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law for Alabama on
Q: Can a minor be placed on a national watchlist? Or any watchlist in general?

N/A

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2021

You say "any watchlist"-- a minor can be a person of interest to criminal justice agencies.

A minor could be on a no fly list.

If you are concerned that you are, you would want to avoid social media of any type, limit emails, and consult with a criminal defense attorney.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

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

Shane Michael Oncale
Shane Michael Oncale
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

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1 Answer | Asked in Juvenile Law for Alabama on
Q: I am 16 years old and pregnant. My boyfriend is 17. Can I legally move in with him without my parents permission?

My boyfriend still lives at home with his parents who think the world of me, and I them. Actually, his family is a lot more supportive of me than my own family. I would love to be able to move in with him and his parents. But I am concerned about all the “LAWS” with things like this in Alabama.... View More

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

No you may not move out of your parents home into your boyfriends home. If you do, they can be arrested for interference with custody and you can also be charged as a juvenile offender for ungovernable. The age of majority in Alabama when you can decide what to do on your own is 19. However at 18,... View More

1 Answer | Asked in Child Custody and Juvenile Law for Alabama on
Q: Can a 14 yr old kid get in trouble for running away?`

Can a 14 yr old kid also say no to going back to the place where the leaving conditions are bad, also can a 14 yr old kid get put in jail for running away.

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 29, 2020

Yes you can get in trouble for running away. Call DHR and file a report and they will investigate. If there are terrible living conditions they will remove the child and put them with the neatest suitable relative or foster care if there are no suitable relatives.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: can a 15 year old girl go to jail for running away because they are being mistreated ?

& can a 15 year old choose to live with a close relative that they grew up with that basically raised them , because they feel that they are being mistreated ?

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 29, 2020

Yes you can. You can go to juvenile for running away.

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