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Alabama Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Alabama on
Q: I am 21/boyfriend is 17. We live with his mom. When can we move out without his mom being able to make him move home?

Lived here for a year, both can afford our own place just don't want to buy a place and his mom make us move back or separate us.

William E. Scully Jr.
William E. Scully Jr.
answered on Jun 25, 2014

What kind of an idiot mother would let her 16 year old child have his 20 year old girl friend move in with him!!?? Did you know that it was a felony offense for you to have sex with this kid if he was under 16 years old? If his mom let you move in, that would have made her an accomplice of yours.... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: If I move out on day 10 of my next month after giving notice I was moving, do I owe for the entire month?
William E. Scully Jr.
William E. Scully Jr.
answered on Jun 13, 2014

Probably. First look at your written lease, if you have one. Your question makes it look like you don't have a written agreement. Without a written agreement you look to the statute. Alabama Code Section 35-9A-441(b) provides that "The landlord or the tenant may terminate a... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can I move out when I turn 18 even though I'm still in high school
William E. Scully Jr.
William E. Scully Jr.
answered on Jun 3, 2014

Nope. You've got to be 19 to 'move out' in Alabama. Until that time, you belong to your parents. Sorry. Stay at home. Try to avoid conflict.

1 Answer | Asked in Juvenile Law for Alabama on
Q: If I am just unhappy in my home set how old do I have to be to be able to move out? 19?
William E. Scully Jr.
William E. Scully Jr.
answered on May 28, 2014

If you live in Alabama, you are considered a child until your 19th birthday. So, as you seem to understand, your parents have the legal right to prohibit you from leaving home until that age. But why would you want to leave? Free room and board are pretty sweet! You'll be paying out a... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Can a 17 year old leave one parents home to live with another parent and step parent when the parent works out of state
William E. Scully Jr.
William E. Scully Jr.
answered on May 7, 2014

Who works out of state? Who has custody of the kid? OK, well, here's the best I can do: The parent who has principal physical custody decides where the child sleeps at night. The 17 year-old cannot go stay with the non-custodial parent, no matter where the non-custodial parent lives, over... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: Drop out of school while on probation

My 17 year old son is on juvenile probation for truancy. He wants to withdraw from school and get his GED. His probation officer says he has to stay enrolled in school. If not on probation, he would legally be able to drop out. Can they really prevent him from getting his GED if he has his... View More

William E. Scully Jr.
William E. Scully Jr.
answered on Apr 15, 2014

It's a bad idea to pick a fight with the probation officer. If your son is on probation and the probation officer tells him that, as a condition of his probation he must stay enrolled in school, then it's best to stay in school. The probation officer has a number of tools in his kit... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: What is the age of majority in alabama?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jul 20, 2013

The age of majority is 19 in the State of Alabama. However, you can become emancipated at the age of 18 in some instances which gives you the rights as if you had already attained the age of majority.

1 Answer | Asked in Juvenile Law for Alabama on
Q: If a 15 year old gets pregnant by a 17 year old, but he turns 18 a month later, can he go to jail?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Most definitely. In Alabama, if an individual who is 16 or older has sex with an individual who is less than 16, this is statutory rape. In this instance, one would only have to contact either the sheriff's department, DHR, or even the District Attorney's office in the county which you... View More

1 Answer | Asked in Juvenile Law for Alabama on
Q: My ex-husband and I have joint custody of our children, ages 16 & 12. He is suing for sole custody. Can he do this?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

To answer your question -- you can sue for anything. Will he be successful? This is the one million dollar question. There are several factors that go into a case like this that would require you to consult an attorney. Alabama law requires that in order for there to be a modification in... View More

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