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Alabama Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Alabama on
Q: I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian

She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jul 15, 2021

It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 24, 2021

Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 4, 2021

If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 3, 2021

Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Alabama on
Q: Custody/divorce paper does not include taxes. Now being threatened with jail for claiming 1 of 3 children. Best option?

I pay child support on time and am a full time college student.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can DHR child support case be used in custody battle?

My child’s father quit paying child support almost a year ago. I finally got DHR involved due to him refusing to help, pay support and always taking under the table jobs. I also have a custody date coming up soon. Can the DHR child support case be used in a custody battle along with the other... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The decision regarding custody depends on several factors, slightly different in each state. The court will looking at what is in the best interests of the minor. Payment or non-payment is generally not a factor itself, but can be used indirectly. Suggest you speak with a family law attorney in... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can my ex go to jail if she has been keeping my child from me when we have a court order and I have been paying child?

We have been to court and we have a court order stating that I get her every other weekend from 6pm Friday to 6pm Sunday. I have been paying child support and have not seen my child one also she want give me a contact number or updates on my daughter.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

There are no criminal penalties for denying you court ordered parenting time. However, there are enforcement remedies in the family law court that can include sanctions for attorney’s fees and costs for having to return to court to enforce its orders. Additionally, dependent upon the nature of... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 14, 2020

You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can i get all rights to my son full custody would be even better??

My ex girl friend and i had a baby he is currently about 6 months old she split i haven't heard from our son in 2 months.we both made agreement off the record. That when she left i would keep in contact and i would get pictures from him everyday. I dont know where she is i dont know how my son... Read more »

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

You need to see a domestic relations attorney as soon as possible to obtain legal representation and get something filed immediately to obtain custody of your son. Good luck

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Alabama on
Q: I have recordings proving abuse & negligence by my baby's father. Can I use this to keep him away from her/protect her?

He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).

He put our infant daughter in danger many times & screamed at her, tossed her onto... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 23, 2020

You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »

Kristine Jones
Kristine Jones answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Child Custody for Alabama on
Q: If a mother allows their child to go with the father and he doesn't bring her back at certain time,what does she do

There is no court visitation agreement, just verbal. Childs parents never married. Father only has child support court agreement.

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

Then she can have him arrested for interference with custody. If there has never been a custody determination, only child support, regarding an unmarried couples child in Alabama, then the mother is deemed to have full custody. And if the father doesn’t return the child, then he can be arrested... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: the father has blocked me on every form of communication and to sign rights over. can i still get child support?

I’m only 3 months pregnant and he’s already said he wanted to sign his rights over because he wants nothing to do with me. he will no unlock me and refuses to help me out in any way. the only reason why he wants to sign his rights over are because he doesn’t want to pay child support. what... Read more »

Kristine Jones
Kristine Jones answered on Nov 16, 2020

Hello. Terminating his rights does not end the support obligation he has for the child. You need to contact DHR or hire an attorney who can establish custody and child support for you when the time comes (in about 6 months). Best of luck.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My son got a girl pregnant. The girls mother is a narcissist nutcase.

Her and her mother threaten my son with not being able to see his baby if he doesn't jump to her every demand. They are 18 and 19. It will be a bigger issue once the baby gets here. Were do I start legally helping him establishing his rights

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 12, 2020

The first thing your son has to do is learn what his rights are. If he wants a right to the child he is going to have to go to court. He should sign the birth certificate. If they attempt to stop him, he should register with the Putatative Father's Registery (Ala. Code 26-10C-1). After the... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: In the state of alabama does a teen mother have the rights to where her baby can and can’t go
Sheila Crumley Field
Sheila Crumley Field answered on Oct 30, 2020

Yes, she’s the baby’s mother!

1 Answer | Asked in Child Custody for Alabama on
Q: How can i prove my ex is an unfit mom
Sheila Crumley Field
Sheila Crumley Field answered on Oct 27, 2020

There are several ways however each situation is different. Consult with a family law attorney immediately and they can walk you through the steps and aide you in obtaining custody.

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 »

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