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Alabama Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Alabama on
Q: I am 18 and will be moving out of my mom and step father's house with consent from them. Do I need to be emancipated?

I am still in high school. I am a senior. I plan to move out with their consent. They were just concerned if I would need to be emancipated. I have a job and my father and my step mother will also be helping support me financially. They have an apartment for me to stay in and they are covering the... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 10, 2016

If they are paying your bills you cannot be emancipated. You are old enough, but you are not self supporting.

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: My Aunts children were placed with me by dhr. How hard is it for me to win custody if she completes dhr req before court

They were removed from her in a dirty hotel room for several reasons including unsafe living, alcohol abuse, controlled substance abuse and a sexual abuse allegation that the daughter has since not spoken about to confirm it. Since being with me their grades have improved, they're getting... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 9, 2016

You are fighting a tough battle to get children away from their natural parents. You will have to show that they remain subjects of abuse or neglect. This will be hard in the face of DHR who will say mom is good and that they should be returned to her. The judge will hear all of the evidence before... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 18 yr old get married while in High School in Alabama?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2016

Yes, the person can get married. The question of High School depends on the policy of the school board. See Section 30-1-5 Code of Alabama If the person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the judge of probate shall... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: My 9 year old is terrified of his father. Is there anyway my son can be heard, in this situation?

We had an order of protection against his daddy. But the judge still granted his visitation even with a history of violence.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2016

The Judge, who granted visitation, has discretion to decide if he or she wants to hear directly from the child. You have answered your own question here. The judge does not want to hear from the child and will not. The court also was apparently convinced that your order of protection was justified,... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: How can I get physical custody of my 17 year old niece changed. It was given to someone else but now lives with me.

This case went through Dhr but has now been closed. Custody was given to my son and his wife, but she now lives with me and my husband. Her mother was abusing her and her father is deceased.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2016

The answers to these questions may seem repetitive, but you must go back to the Court which gave custody to your son and his wife. You will have to show the judge that things have changed, and that the child will be so much better off in your custody as to make the change good for the child. You... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: I am 18 and graduate High School in may. Is there a way I can move out and my parent have NO control over me?

My boyfriend and I would like to move in and start our lives together, but my mom hates him with a passion and keeps me from him. I graduate May 19 and will be attending college. Im 18 and he is 20 and my mom said until im the legal age of 19 i will not be allowed to see him or move out. Is there... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

You can try to get emancipated. Do an internet search on that in your state.

1 Answer | Asked in Employment Law and Juvenile Law for Alabama on
Q: I'm 18 and living in Alabama, my parents refuse to let me work in a certain field, what can I do?

I'm attending a technical school for automotive repair and have the best chance at getting a job in a dealership while I'm here. But my mom refuses to let me and gives a different reason which doesn't actually apply to the situation every time I mention it. Is there nothing i can do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

I note that in Alabama, as opposed to the rest of the US, the age of majority is 19 instead of 18.

Perhaps your mom knows best, based upon her own experience.

1 Answer | Asked in Juvenile Law for Alabama on
Q: How can a seventeen move out of their parents house and it be done legally
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

Get emancipated, perhaps.

1 Answer | Asked in Juvenile Law for Alabama on
Q: If my 10 yr old son was being kissed and licked on the neck by a 15 yr old boy is it considered sexual assault
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2015

Depends. Perhaps the 15-year old was merely being affectionate.

1 Answer | Asked in Juvenile Law for Alabama on
Q: So my parents can't call the law on me if I leave?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 18, 2015

THis question is not intelligible. If you are a minor who is also under 18 years old, your parents, like, can call the law on you...

1 Answer | Asked in Family Law, Juvenile Law and Adoption for Alabama on
Q: Can we force parental rights be terminated due to non-payment in exchange to adopt the children?

I have custody of my 3 nephews and niece for the last 4 years. The children's ages now are 3yr, 4yr, and 5yr. I was ordered $250 a month in child support. i have received a check one time for $800, 3 1/2 years ago, due to them thinking they will be able to keep the custody case open longer. We... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

You need to address these questions to a local attorney. Many offer free initial consultations.

1 Answer | Asked in Juvenile Law for Alabama on
Q: In Alabama if a 16 child refuses to go to school and runs away to another state what can you do as a parent?

Is homeschool an option? Or GED.. He has IEP and is failing .. ADHD

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 25, 2015

If you know where he is, you can go get him.

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 17 year old date a 15 year old?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 30, 2015

You mean, of course, can a 17 year old have sex with a 15 year old. The bare criminal law is stated as follows:

Section 13A-6-62. Rape in the second degree

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

(1) Being 16 years old or older, he or she engages in...
View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 16 year old girl have sex with an 18 year old girl with consent in Alabama ?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 18, 2015

The 18 year old to 16 year old puts you in a window where the conduct is not criminal. See 13A-6-60 Code of Alabama. THis is still a terrible idea, because she is going to wind up pregnant and everyone will be sorry!!

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 17 year old keep her baby if she gets pregnant?
William E. Scully Jr.
William E. Scully Jr.
answered on Jan 27, 2015

Of course. It happens all the time. Obviously there's more to this story. The 17 year old has all of the rights of parenthood, just like anybody else. The rights of parenthood do not depend on age. However, justly or not, young people as a class are thought to be less responsible than... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: My friends and I want to move out when we are 18 but since the legal age is 19, can we move in with someone whose 19?

My 2 friends and I have some semi-rough living situations... not abusive but we just want away from our parents. We all got jobs and have been looking for a two bedroom apartment to live in, but I came across this website that said we cant move out. One of my friends have some other friends who... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 24, 2015

Your parents decide where you will live until you are an adult, that is until you are 19 years old or "otherwise emancipated" by joining the military or getting married.

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 20 year old legally date a 16 year old?
William E. Scully Jr.
William E. Scully Jr.
answered on Dec 6, 2014

What you are really asking here is whether a 20 year old can legally have sex with a 16 year old...RIGHT? First you're going to have to listen to my lecture...You need to let this young person grow up. Stay away from her. She's in HIGH SCHOOL, dude. You are either in college or... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Is it legal for an eighteen year old boy to date 15 year old girl if parents forbid it...if so what are the consequences

What is the lae

William E. Scully Jr.
William E. Scully Jr.
answered on Dec 2, 2014

Well...he might get a fist in the mouth from the girl's father. There's not really anything illegal about the 18 year old 'dating' a 15 year old. However, it gets to be a legal problem if 'dating' means 'having sexual relations.' If you are having sex with... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 16 year girl move out of her house even though she is not attending school
William E. Scully Jr.
William E. Scully Jr.
answered on Dec 2, 2014

OK, do you remember the difference between 'can' and 'may?' A 16 year old girl 'may' not move out of her house without her parents approval because the age of majority in Alabama is 19. A child is subject to the parent's authority until that time. Plus, a kid... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: If I am 18 years old can I legally move out of Alabama?

I want to move back to Tennessee, but my parents say I have to wait until I am 19. Is that true even though I have graduated high school, have a full time job, and have a reliable vehicle?

William E. Scully Jr.
William E. Scully Jr.
answered on Aug 6, 2014

Your parents are correct. Until you are 19, you are not a whole person as far as the law is concerned in Alabama. You have to do what your parents tell you to do.

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