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Alabama Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I’ve been alienated from my sons for a year w a no contact order I never got any court date papers, how can I see the

They keep postponing it and Idk how to get to be able to see my sons

Sheila Crumley Field
Sheila Crumley Field answered on May 30, 2020

Go to the circuit clerks office where the children live and ask for a copy of the order and also tell them you want to request a hearing. They will let you write it out on a piece of paper. You may not get to see your sons but you will at least get a reason why, and can begin to fix the... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... Read more »

Kristine Jones
Kristine Jones answered on May 28, 2020

Hello. If you're in the process of a divorce then you may already have a temporary custody order in place. You can request them to move back closer but once a move is made, it's difficult to undo. You should consider retaining legal counsel from an attorney in the county where your case... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 29, 2020

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... Read more »

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3 Answers | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I'm headed for a divorce after 5yrand we have a 5yr old child together , will I have to pay child support and alimony

I don't want to have to pay for neither one. We both make around the same amount of money !

Birmingham, al.

Travis T Juneau
Travis T Juneau answered on May 28, 2020

The short answer, without knowing much more, is that you will pay child support unless you have primary custody of the child. Alimony, either periodic or alimony in gross depends on a number of factors thus, it is impossible to know if you will have to pay it or not without all of the specifics.... Read more »

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1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My x died a month ago leaving me w/sole custody.His wife wants the same visitation as he had.What are her rights?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 19, 2020

I assume that you are the mother of the children, and that "his wife" refers to a person whom the father married before his death. The short answer is that she has no right to visitation with the children. If she were a grandparent, she would have a path to parenting time with them, but... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Hello i need advice. I live in Alabama and have since 2008. Ten years ago my husband and i split up

He had gotten with another woman and then moved out and we haven't been together since. 5 years ago he took our son and moved to Massachusetts without telling me beforehand (i spent two weeks panicking not knowing where my son was), and was told by several people that since we were still... Read more »

Travis T Juneau
Travis T Juneau answered on May 17, 2020

I'm very sorry to hear about your situation. Abandonment and infadelity are grounds for divorce in Alabama. It sounds like you would need to hire a private investigator to help locate your son. But, if you exhaust your attempts to locate your husband, you could be able to serve your husband by... Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Is it possible for me to get custody of my daughters sister ?

Now ex old lady was cheating on me. Bringing the girls (2&1) with her to do so lying saying she was babysitting. When she was really there doing drugs. I’ve got enough on her to get full custody of My daughter easily, but her daughter would end up in the system. Her daughter already had her... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on May 14, 2020

Maybe. If there are no other family members that want her or are a suitable placement then, yes you have a shot at getting her also. The fact that you have her sister is also in your favor.

2 Answers | Asked in Child Custody for Alabama on
Q: What is the definition of 'self supporting' according to the state of Alabama?

My daughter has graduated high school and will be attending college in GA beginning August 2020. She turns 18 next month (June 2020). She will be living on campus, with a food plan, and work a part time job while in school. Do I still have to pay her father child support even though he is not... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 11, 2020

These are the kind of situation I hate because the explanation never seems to suit common sense. Common sense would seem to dictate that with what she is provided she is more than "self sufficient" but most of the time the outcome turns on the smallest of things. Is she on the... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: Am I able to get full custody back for my son after having joint custody (never married)?

My son’s father and I have never been married but since our separation we have gotten joint custody and I regret this decision. Reason being is there is always a communication gap on his end, I have to always follow up to ensure that my son is doing his schoolwork, given his medicine when... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 11, 2020

Can you get it back? You can certainly try. If you and the father were awarded joint legal and joint physical custody you only have to show that it would be in the best interest of the child for you to be awarded physical custody. This is called the Couch standard named after a case called Ex... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What rights do I have as a father in AL.Was never married but I'm on B.C.Her parents have temp.cust.Where does leave me?

I've always been in my children's lives.Me and the Mother although together didn't live together due to car accident I was involved in caused me to not be able to work for some time and we lost our home so only maybe a week out of a month we managed to all stay at either hers or my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 10, 2020

You have rights, but you have to assert them in Court. You were a necessary party in the custody proceeding you mentioned because you are the presumptive father. Did you go to Court? Why not if you didn't?? What evidence was adduced in that proceeding that kept you from having custody?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Me and my childs mother were never married and she refuses to show up to the court appoited visitation for over 2 years

Im desperate please help

Sheila Crumley Field
Sheila Crumley Field answered on May 8, 2020

I assume you have court ordered visitation. If you do, then she is in contempt and you can take her to court for it. But you’re going to need a lawyer to do it. Speak to a family law attorney immediately. Good luck.

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Alabama on
Q: I've recently been served a Paternity/CS summons. I'm willing to pay CS,can I avoid court, testing and visitation?

Willing to provide honest income info, but do not desire visitation or parental rights. I also do not wish to contact the other parent or appear in court. Is there a legal way to do this, such as voluntary child support?

Sheila Crumley Field
Sheila Crumley Field answered on May 8, 2020

Yes. You can admit paternity and submit your proof of income and they will adjudicate you the father and it will be over. Contact the attorney for DHR whose name is one the paperwork you received. He will be able to help you.

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1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Soon-to-be Ex husband wants to terminate his parental rights. Can this be done at the same time as the divorce?

He hasn’t seen the child since august of 2019, a month before we decided to divorce. She is 2

Kristine Jones
Kristine Jones answered on May 4, 2020

No, a termination of parental rights is a separate action in juvenile court. It also would not terminate his financial obligation to the child. Best of luck!

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Do legal (not blood related) grandparents have any right to take a mother's child away?

My husband wants nothing to do with me or my son. He cheated on me and left me and already has a new family. We've been separated over a year and a half and are finally getting this divorce done. His parents are trying to take me to court to take my child away from me because I won't let... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 1, 2020

First of all, I don't understand the distinction between "legal" grandparents and "blood related" grandparents. THe grandparents are the parents of the biological or adoptive parents of the child. The grandparents have apparently taken you to court in a private custody... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: If my child father pays child support, but hasn’t seen him or had contact with him. Can I terminate his rights?
Kristine Jones
Kristine Jones answered on Apr 25, 2020

Hello. The answer to that is "it depends." This is a question better suited for an attorney who practices in the county where the child lives. I will say terminating a parent's rights is the ultimate action a court can take concerning a child and they do not do it without very strong... Read more »

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I am a non custodial father. But the mother of my child keep denying me visitation.

Wondering can I file for joint custody or visitation without involving child support. I take care of my son financially but not through the court system

Kristine Jones
Kristine Jones answered on Apr 20, 2020

Hello. No. Child support must be addressed during the case. Best of luck!

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1 Answer | Asked in Child Custody, Civil Rights and Constitutional Law for Alabama on
Q: What if I’m living with someone else and my parents have already had a DHR case opened on them, and one of them can test

Positive for marijuana, could I be allowed to be move out permanently considering I’m almost 18?

Sheila Crumley Field
Sheila Crumley Field answered on Apr 15, 2020

Yes in this situation DHR would probably allow you to remain in the home where you are, as long as they all test negative, as part of a safety plan

1 Answer | Asked in Child Custody and Civil Rights for Alabama on
Q: I’m 17, I will be 18 within 3 months. I live with someone other than my parents, can they call the law enforcement to

Force me back home? I’ve been living with these people since February.

Sheila Crumley Field
Sheila Crumley Field answered on Apr 15, 2020

Yes they can. Until you reach 18 you are considered the custody of your parents. If you refuse you can be charged as a juvenile and made to go home.

1 Answer | Asked in Child Custody for Alabama on
Q: My niece and her husband are separated and have 3 children. She currently lives in the home with her mother.

She works and the girls stay with their grandmother. Her husband got the girls for a 10 day visit and now refuses to let her come get them. His family keeps the girls while he works. Every member of his family has a history of drug abuse and felony theft. Is there any way she can get the children... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 12, 2020

Maybe. Because they are married he has just as much right to keep the kids as she does. However if drugs are involved you could probably file and ex parte emergency custody alleging the chrildren are in some kind of danger and imminent harm. You can obtain an emergency custody Order that way. Call... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: how can I terminate the father’s rights in Alabama?

Child’s father left when I was 7 weeks pregnant and child is almost 3, doesn’t know the father as he hasn’t been around the child. We live in Alabama and he lives in Tennessee, he recently took a trip to Florida but didn’t bother to ask to see our child. Hasn’t had contact in almost 6... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

Termination of parental rights is different for each county. And your question is confusing. You said first he hasn’t seen the child in three years and further down in the paragraph you state the last contact was six months ago. That’s a big difference when trying to terminate. If he’s seen... Read more »

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