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Alabama Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fiancé and I have a 1yr old son. He was put down on the birth certificate but since we’ve split but he says he wants

To take him from me bc of our own personal issues (every time he comes around we fight) Do I have a leg to stand on? What can I do to get custody of my son since we are not married? Will I have to give him joint custody? Also how would child support go?He’s also very mean and I believe... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 25, 2020

Custody of a child born out of wedlock is vested with the mother. That means just because he is on the birth certificate doesn’t mean he has any rights. You currently have fully custody. Until he takes you to court he doesn’t have rights. Good luck!

1 Answer | Asked in Criminal Law and Child Custody for Alabama on
Q: I am 19 years old, my stepfather molested me when I was 14 years old, my mother was pregnant with my 6 year old sister,

I am 19 years old, my stepfather molested me when I was 14 years old,my mother was pregnant with my 6 year old sister,we moved away from him,my mother suffered violence, also him in jail 1 month for domestic violence, I never reported him to the police because,I am very afraid of it. my little... Read more »

Travis T Juneau
Travis T Juneau answered on Oct 22, 2020

The brief answer is yes, you can file a police report against him and the crime should be investigated. Alabama has no statute of limitations on sex offenses involving a child under 16, which means that your case could still be prosecuted. See Ala. Code Section 15-3-5. The more quickly you report... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: I am still legally married to my wife and we are not legally separated. We have not been together for 2 years.

She knows I have been trying to get on disability for over 2 years now Since my accident when we were still together. I am almost finished with it but we haven’t been together for 2 yrs now but she hasn’t let me get my 2 sons or see them in about a year. I have not been able to help her... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 22, 2020

If you are still married you can go get them and there is nothing she can do about it. You both have equal custody. But if you do, she will probably go file something immediately to give her temporary custody. Then you will have to petition the court for interim visitation prior to the final... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: My brother died just recently and the mother is currently in jail with involvement with his death. I currently have

custody of their daughter(my niece). I`m not sure what to do when she is not listening or getting in trouble. What should i do?

Sheila Crumley Field
Sheila Crumley Field answered on Oct 20, 2020

DHR offers parenting classes to help you learn how to discipline a child correctly So she will learn from it or pay attention. Or you can ask relatives or friends that have children to give you some pointers on how they discipline their children. It’s very nice of you to take the child. Good luck!

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I'm 15 and my bf is 20 we both wanna baby what can happen to him
Sheila Crumley Field
Sheila Crumley Field answered on Oct 20, 2020

He can go to jail for Rape 2nd degree. You are too young to give consent in Alabama therefore he would be having sex with a child which is against the law in Alabama. And if you had a baby, then that would be living, breathing proof that he committed the crime. Don’t do it, he will have to... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mother is 17 her mother listed on court documents for CS why is that In Alabama
Sheila Crumley Field
Sheila Crumley Field answered on Oct 14, 2020

Because she is a minor. Anytime a minor is listed on court documents it’s “by and through” the parent of the minor. The age of majority in Alabama is 19, so she has to have her mothers name on the documents.

1 Answer | Asked in Child Custody for Alabama on
Q: If a 16 yr old girl has a baby does she have custody or does the 16 yr old parents have custody?

Her parents have kicked her out and told her she cant get the child because technically they have custody.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 9, 2020

No she is the mother, she has custody!

1 Answer | Asked in Child Custody for Alabama on
Q: How can the only living parent get custody of his child back

When the mother of the child died he lost all touch with reality and the aunt of the child took custody he has since came back to reality and wants nothing more than to have his child back how can he get the child back from the aunt

Sheila Crumley Field
Sheila Crumley Field answered on Oct 6, 2020

How long has it been? How long has she had custody? You may not be able to get the child back. You just can’t walk in and out of a child’s life like that. They need stability. But you need a lawyer. Go talk to a family law attorney as soon as possible.

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.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do I contest a custody order that was made by a judge in another state that did not have jurisdiction
Sheila Crumley Field
Sheila Crumley Field answered on Sep 28, 2020

You need to provide more information before we attempt an answer. Such as, what is the Order for? When was it filed? Were you served? Is it a modification or original divorce? Please provide more information. Thank you.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I have 3 month old child and the father is narcissistic person. When he comes around he only comes for my money.

And verbally abuse me. I did a protection order but he held me hostage so I couldn’t go he also threaten me If I go back that he will hurt me and take our child. How can I collect child support and not let him be around my child? He sell drugs and is not a stable person.

Sheila Crumley Field
Sheila Crumley Field answered on Sep 27, 2020

Please contact 2nd chance and they will help you get away from him.

Also contact DHR who will go after child support without giving any visits. Good luck to you.

1 Answer | Asked in Child Custody for Alabama on
Q: Do i have full custody of my kids when dhr give them back to me and not the father he didnt participate.

Can he keep my daughter at his house even though i have the paper stating they were placed back with me?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 25, 2020

The order should tell you. If you don’t have a copy of it, you can go to the juvenile section of the clerks office and they will provide it to you.

If it says you have custody then you are correct, your daughter has to come home to you.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How much will this cost,
Sheila Crumley Field
Sheila Crumley Field answered on Sep 23, 2020

How much will what cost? You haven’t said anything about the type of case it is.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Can one parent keep a child from the other during a divorce?
Kristine Jones
Kristine Jones answered on Sep 18, 2020

Hello. No, not unless there is an Order from the Court stating they can. Thank you for the question.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My child is 1 years old, is their a law she doesnt ha e to spend the night weekend till shes 3yrs?

The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... Read more »

Kristine Jones
Kristine Jones answered on Sep 10, 2020

Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I am unwed, pregnant, & do not want the father of my child involved in the pregnancy. What are my rights in AL?

We were in a serious relationship during the beginning of me becoming pregnant however have since broken up. He has become manipulative & verbally abusive & I am considered to be a high-risk pregnancy. Can I have him not be involved at all in my pregnancy & prenatal care &... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 10, 2020

He does not have the right to bother you during your pregnancy. Contact him one last time and tell him if he bothers you again you will have him arrested. And then stop all contact. If he bothers you again call the police and have him arrested. When you go to the hospital and have the baby, do not... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can i fill for full custody through dhr when i already been to the state

My husband took his childs mother to court for joint custody in December 2019 he got joint everything but he is on child support aswell a accident happened in may where she cameto my(his wife)mother house to fight left the car in reverse while child was in it now she has a pending child... Read more »

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

You have a lot of questions in this and have not provided much information. You need to get to a family law attorney immediately. Also just for a short answer, yes he can get in trouble for not paying child support when he is ordered to, even though he hasn’t seen him. And probably yes, you need... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What do i need to do to start the process on trying to get my son back home with me? In need of a lawyer.

Father has physical we share joint. I pay child support to him and im having issuses out if the wife,child isnt happy wanting to be home with mother. Mother works, own cars and stable living. Never on drugs or etc.....

Kristine Jones
Kristine Jones answered on Sep 4, 2020

Hello. You can file for a modification. You should seek local counsel for advice. Thanks for your question.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My fiancé and I have 2 year old twin boys that are staying with a family friend while we fight with DHR to get custody

The family That has them always said that they were fine financially I did not need any money from us. But now after 10 months the DHR’s Lawyer Is Requesting for us to pay child support..We don’t have a problem paying, but I don’t understand how they can ask for back pay all the 10 months... Read more »

Kristine Jones
Kristine Jones answered on Sep 4, 2020

Hello. Yes, other people are feeding, housing, and clothing your children. You are still financially responsible and they can obtain child support from you and the father.

You can pay the minimum amount, but the interest will accumulate and you will owe much more than $3,000.00. Don't...
Read more »

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