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Alabama Child Custody Questions & Answers

1 Answer | Asked in Child Custody for Alabama on

Q: How much does it cost to file the first petition for child custody in Alabama?

Mr. James Parrish Coleman answered on May 12, 2019

Google the clerks office in your county and learn the fee.

1 Answer | Asked in Child Custody for Alabama on

Q: I had a child with a married woman, what can I do to establish custody?

A month before she was due she told me she had an abortion but yesterday I found out she had the baby, I had no clue she existed, we don't live in the same town and I really believed she had a miscarriage. She kept the whole pregnancy a secret and no one even knew she was pregnant until this... Read more »

Mr. James Parrish Coleman answered on May 1, 2019

THis is always an interesting situation. If the married woman has a baby, and the husband (who is the legal father of the baby -- not just the presumptive father ) accepts the child as his own, there is nothing you can do. (See a case called Ex Parte PResse) The question for you is this: does the... Read more »

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 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 Child Custody for Alabama on

Q: Can a 17 year old go live with mom who has visitation rights? the dad has physical custody. And not be made to go back?

Child lives in Alabama. Child wants to live with mom by choice. Dad is mentally abusive. No child support is paid by either party.

Shane Michael Oncale answered on Apr 25, 2019

Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.

1 Answer | Asked in Child Custody and Divorce for Alabama on

Q: My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

I am 13 years older and she abuses alcohol and is adopted she is abusive and has emotional problems and her sister is almost 25 and still lives at home she cares more about her friends than me and I want to get custody of my son I paid on the mortgage and everything else as well but she is very... Read more »

Shane Michael Oncale answered on Apr 2, 2019

In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.

Kristine Jones answered on Apr 2, 2019

Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with... Read more »

1 Answer | Asked in Child Custody for Alabama on

Q: My ex husband claims he moved into an apartment but is unwilling to show me either: time stamped photos of the

furnished apt. I do not feel I have enough proof he's living in a safe environment for our 3 year old. I found out he used to live in his car and that could be the case today as far as I know. He states he's unable to provide photos because he hasn't moved in yet. He also will not let me know... Read more »

Shane Michael Oncale answered on Mar 25, 2019

The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: Can I file a petition for custody of a child that is not related to me? She does not want to go back home.

She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.

Mr. James Parrish Coleman answered on Mar 25, 2019

Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.

1 Answer | Asked in Child Custody for Alabama on

Q: Can I legally obtain my children from a saftey plan still have my custody nor has judge told me i have lost my rights

Haven't been to any court

Shane Michael Oncale answered on Mar 21, 2019

It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

Shane Michael Oncale answered on Mar 21, 2019

Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: If a mother can be proven unfit can she be put on child support?

The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it

Kristine Jones answered on Mar 16, 2019

Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it... Read more »

1 Answer | Asked in Child Custody and Divorce for Alabama on

Q: Need an attorney for divorce, in accident have no income where do I get help in athens or huntsville Al

Kristine Jones answered on Mar 11, 2019

Hello, I believe there is a volunteer lawyers program in Huntsville. If you can't find a local number, you can call the state bar at 334-269-1515 and ask them. Best of luck!

1 Answer | Asked in Child Custody for Alabama on

Q: I have a child that is 14 that lives with mother but i was told he takes care of himself and she is never home.

what can i do this is in Alabama but i live in florida

Shane Michael Oncale answered on Mar 10, 2019

You can file a petition seeking custody (but you better have your proof lined up first). You can notify DHR and let them open an investigation.

1 Answer | Asked in Family Law and Child Custody for Alabama on

Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?

Shane Michael Oncale answered on Mar 10, 2019

A "lawyer" can't order you to do anything. Only a judge could enter an Order.

1 Answer | Asked in Child Custody for Alabama on

Q: My partner took our daughter from our home and moved her to her grandparents with him in another county is this legal

He has taken her out of her school here and said he is enrolling her there. What can I do

Shane Michael Oncale answered on Mar 10, 2019

You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: What motions should I file to get my son back asap?

My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »

Shane Michael Oncale answered on Feb 27, 2019

First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution.... Read more »

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1 Answer | Asked in Divorce and Child Custody for Alabama on

Q: AL:DR; If a plaintiff files a “PETITION TO MODIFY...” how can the court’s action on it call it a “MOTION TO DISMISS?”

I was served with with a plaintiffs MOTION TO MODIFY VISITATION 2/18/19 and before I could even consult with an attorney, 2/22/19 I received via USPS mail from the court dated 2/19/19 stating that “The Motion to Dismiss field by the father.... ORDERED, ADJUDGED, AND DECREED that the Motion is... Read more »

Kristine Jones answered on Feb 23, 2019

Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!

1 Answer | Asked in Child Custody and Child Support for Alabama on

Q: If the father isn’t on the birth certificate, how do I go about getting full custody and child support ?

He’s been in an out of jail, addicted to drugs and wants nothing to do with her. I want rights taken away but he’s not on the birth certificate.

Kristine Jones answered on Feb 18, 2019

Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on

Q: Can me and my wife agree to coparenting and neither one of us pay child support? Is there anyway to just be civil?

Mr. James Parrish Coleman answered on Feb 18, 2019

You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on

Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... Read more »

Mr. James Parrish Coleman answered on Feb 18, 2019

You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has... Read more »

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