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Alabama Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Alabama on
Q: My kids are moving back in with me, how do i change it back to me having custody of them instead of their father?

After me raising my kids for 14 years my ex husband got remarried and completely brain washed my 2 oldest kids they took me to court and he got custody cause the were 14, my youngest never wanted to leave home. Now a year later one of my oldest and my youngest are coming back home. He wants to... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 13, 2020

Yes you will need a lawyer to modify the agreement.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: DHR has my kids in temporary foster care until my court date in October. They have been away since December
Sheila Crumley Field
Sheila Crumley Field answered on Aug 10, 2020

There was no question to answer

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Can an 18 year old legally move out even if her legal guardian says that she can't?

Several years ago, her father tricked her mother into signing over full custody. She is now 18 and has reached out to the mother and I and is wanting to move out of her father's house and move in with us. We are willing to take her in but her father keeps telling her that she cannot move out... Read more »

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

If she’s 18 she can live where she wants to. They can’t charge her and no court is going to make her go home if she doesn’t want to.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: I have physical custody of my son and his dad pays child support. There is a visitation schedule that we are supposed

To follow but of course he sees him maybe once a month and talks to him maybe once a month. Can I file for full custody or say he’s abandoned him and receive more child support?

Sheila Crumley Field
Sheila Crumley Field answered on Aug 7, 2020

No that’s not how it works..

1 Answer | Asked in Child Custody for Alabama on
Q: I am in need of an emergency lawyer. ongoing DHR case, and need an emergency custody so child wont go into foster care.

I need to have a lawyer help issue a emergency custody because we are across state lines in Georgia from Alabama they need for us to do temporary custody, they say that our county in Ga won't work with centre Alabama on a family stay plan. This is a rush situation and need to have legal... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 7, 2020

I am not in Center but use the internet to google family law attorneys. You should be able to get something filed this morning without a problem.

1 Answer | Asked in Child Custody for Alabama on
Q: Thank you! Should I be contacting Lee County or Macon County police department? Because I have had trouble in the past

with Macon County police due to his granddad (the home she is supposed to be) being a deputy sheriff. They always try to file harassment and the police are reluctant to help me...

Sheila Crumley Field
Sheila Crumley Field answered on Aug 5, 2020

Call Lee county and report it. They will get in touch with the police In Arizona. Good luck!!

1 Answer | Asked in Child Custody for Alabama on
Q: Hi I have a 7 year old daughter and we live in Lee County Alabama. I have ordered in my divorce decree

"The plaintiff (me) shall have custody of the parties’ minor child

and the defendant visitation at reasonable times and places as agreed upon by the parties." By this terminology I'm not sure if I have sole physical or legal custody? Also I allowed my daughter to go with... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 5, 2020

You have sole custody. Send him a text and tell him you are going to the police department within thirty minutes if he doesn’t respond. Then if he doesn’t, get to the police department and file for interference with custody. Get moving on this quickly if you want your daughter back!

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have primary custody, he has visitation. He hasn't paid but $160.00 all yr 2020. It's court ordered that he pay $200

a month. He only picks them up maybe once a month for only a few hrs. Has already had dhr called before. What can I do about it?

Kristine Jones
Kristine Jones answered on Aug 4, 2020

Take him back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: HOW OLD DOES A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH IN ALABAMA?
Kristine Jones
Kristine Jones answered on Aug 3, 2020

Hello, 19 is the age when a child becomes an adult and can make that decision. Alabama has no age before that time at which a child can pick a parent. That said, as a child matures, he/she becomes better able to articulate to the judge why it is in her/his best interest to live with one parent... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Doed back child support start the first day you got custody or the first day you filled the petition for child support?

My sister has had full custody of my children for 3 years. But she just recently filled for child support about a year ago. Will the back child support go back to the day she got my kids 3 years ago or does it go back to the day she filled the petition for child support 1 year ago?

Kristine Jones
Kristine Jones answered on Jul 27, 2020

Hello. The judge will decide the date it starts. Thanks for your question.

1 Answer | Asked in Child Custody for Alabama on
Q: Can my daughters father keep her from seeing me when we have a court order in place? He is the custodial parent for now.

I live in Alabama. Can my daughters father go against court order and keep my daughter from coming over for visitation.? My daughters father took me to court and the final hearing was last year in February. He was awarded custody because he has more money than I do. I was never deemed as an unfit... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jul 25, 2020

The answer as I often find myself telling people is that anyone can do anything they want too...However, the real question is will he be held accountable. I assume that the same Order that gave him custody gave you custodial rights or at the least visitation. The Order will tell you what your... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If I dont send my son with his father due to non payment of child support what can happen?

We have been divorced for 5 years and in the last year he has not paid child support. What would happen if I refuse to send him to his father's house? His father doesn't live on his own. He lives with his mom and she pays for everything when our son is there. He doesn't even have his... Read more »

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

You can be held in contempt of court which can carry a five day jail sentence for each time you refuse to send the child. Non payment of child support does not give the right to suspend visitation. Go to DHR and sign up for collection of your past due support. Good luck.

1 Answer | Asked in Child Custody for Alabama on
Q: If I have custody of my niece, how would I be informed if her father filed a motion to gain custody back?

I got full custody of my niece in August of 2019 with supervised visitation for her father, he never showed in court, advoided DHR not once but twice, the caseworker told me he cussed her out and everything. Well I was recently informed that he went and file for a motion to get custody back.... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 21, 2020

If he filed you will be served with a copy of the Petition. You will have 30 days to answer it. If you don’t he can default you and get what he wants, so answer it. Good luck!

2 Answers | Asked in Child Custody for Alabama on
Q: My son stay with me 5 nights a week I also pay half for everything he needs plus I support him more then his mom

She's be making threats if I don't pay her gas bill at her place of Resident she said that she would put me on child support and I have proof of the threat I also have proof that my son is in my custody 5 days and 5 nights a week...what should I do

Sheila Crumley Field
Sheila Crumley Field answered on Jul 18, 2020

It sounds like you just have an agreement with your child’s mother. She can petition for child support at anytime. But why don’t you? It sounds like you have your child more than 50% of the time, which may mean that either there would be no child support, or she may owe you. I’d call an... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: My step daughters father has filed for custody stating that she is suffering from severe anxiety and depression due to

Him moving over 4 years ago. He’s also claiming that she has said she’s miserable here and wants to live with him. We know he has involved her heavily throughout this whole process which is against the previous order. My wife has checked with everyone involved with her day to day life, and they... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jul 16, 2020

The issues involved in your situation are much to complex to analyze in a quick answering on a website. You need to seek out and get a consultation with a practicing attorney in the area where your case will be heard. So much of this type of law is based on the decision making of one person, the... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: can my ex take my son away from me at twelve years old?

Me and my ex were never legally married. There was never any legal custody arrangements made and although he does legally pay child support and signed an affidavit. His claim is that when my son turns twelve he can choose who he wants to live with. and then added he doesnt however want his daughter... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 13, 2020

No it is not true. He can petition the court for custody at any time, however he has to prove that there has been a material change in circumstances that promotes the best interests of the child in order to change custody. He’s bluffing you.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Hi,I need to know how to go about with getting custody papers served to another state?

I want joint custody, but the mother is in another state than I am.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 7, 2020

You will have to file in the county where the children reside. Then the sheriff of that county will serve her.

2 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: My wife is filing for divorce and we have a 5 yr old, we both have agreed on joint custody with no child support.

She asked me how much$ can I commit to giving a month for the Divorce paperwork she doing! Me and my wife make the same amount per hour yet she has other income from a hair salon owns & works by herself . With that being said am I still going to have to pay her something a month like child support?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 7, 2020

Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her... Read more »

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1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.

Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Can an 18 year old live away from his parents without their consent, without legal consequences for anyone involved?

Parents are trying to force a relationship on the child with someone the child decided to no longer have a relationship with.

Kristine Jones
Kristine Jones answered on Jul 1, 2020

Hello. No. 19 is the age majority in Alabama. When the child becomes an adult, then he/she can decide. Best of luck.

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