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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale answered on Feb 13, 2021

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... 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 Family Law and Child Support for Alabama on
Q: My son turned 18 and moved out of his mother's house to live with his girlfriend. Does child support continue ?

I am current on my child support

Paul Ylvisaker
Paul Ylvisaker answered on Dec 10, 2020

As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.

While the custodial parent is not entitled to the child support on...
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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.

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

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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 for Alabama on
Q: My son's girlfriend and him have a 3 month old child and the girlfriend is hanging around people in probation with drugs

And pawning the baby off on her parents. The baby has my son's last name and my son is listed as the father on the birth certificate. Does my son have any rights to get his son away from this bad situation. The girls mother wants to raise the baby as hers.

Sheila Crumley Field
Sheila Crumley Field answered on Nov 3, 2020

Yes absolutely!!! Get to a lawyer immediately and petition the court for temporary custody. Good luck!

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My arrears is paid off, how do I stop the payments from coming out? What forms do I fill out ?

I made contact with the child support office in Shelby County, AL the office say I need to fill out a petition, she tells me CS-47, 'Petition for Termination upon Payment of Arrears' is that the petition I'm suppose to fill out. I just want some straight answers, so I can stop any... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 3, 2020

Go to eforms.alacourt.gov and look for form CS-37 which is the form Petition for Termination After Payment of Arrears. That’s the form

You need to fill out and file with the clerks office to stop the withholding. Good luck!

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 Family Law for Alabama on
Q: My ex-husband will not give me permission to leave the state with his children.

My children are 13 and 15. At what age can my children decide which parent they want to live with?

Shane Michael Oncale
Shane Michael Oncale answered on Oct 26, 2020

Ok, you have 2 different questions really. First, unless there is a court order is place directing otherwise your ex-husband cannot control whether you take your children out of state. Now, you cannot move without following the relocations procedures but as far as out of state trips or visits go... Read more »

1 Answer | Asked in Family Law, Elder Law and Small Claims for Alabama on
Q: Hi yes I just turned 18 instead of Alabama does my mother have a right to be reading my text every night
Sheila Crumley Field
Sheila Crumley Field answered on Oct 25, 2020

The age of majority in Alabama is 19, so technically she can. And.. if she pays for the phone, then she can look at it.

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 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 Car Accidents, Family Law and Personal Injury for Alabama on
Q: How do I find my dead fathers lawsuit from the accident that led to his death

I would like to probate the lawsuit since he left no will and testament

Tim Akpinar
Tim Akpinar answered on Oct 20, 2020

An Alabama attorney could answer best, but your post remains open for two weeks. I'm sorry for the loss of your father. If the case was placed into suit, you could look into whether it appears in any of the online resources of uniform court systems. Nationwide, more and more court systems have... Read more »

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 Car Accidents, Family Law and Personal Injury for Alabama on
Q: How do I find my dead fathers lawsuit from the accident that led to his death
Sheila Crumley Field
Sheila Crumley Field answered on Oct 9, 2020

All courthouses have access to the state filing system known as Alacourt. They are free to look information on. You can use this system to find the lawsuit in Alabama.

1 Answer | Asked in Family Law for Alabama on
Q: Can my ex keep my child from me even though we both have full parental rights?

we have not have not been to court yet no papers have been filed that i am aware of. Is the father of my child allowed to move across state lines without my permission and without me knowing? Also, He (father) signed the birth certificate at the hospital but i am still legally married to a... Read more »

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

If you have not been to court you have full custody because you are married to someone else. Until a court of law adjudicates him, he has no rights. Go get you son.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: At what age can the child legally decide to stop going to visitation with other parent?

We're divorced and I have full custody. My ex has supervised visitation and over time normal visits may resume my soon to be 12 year old doesn't want to have anything to do with him because of mental and emotional abuse on his behalf.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 3, 2020

There is no age in Alabama when a child can decide they don’t want to go visit. I lot of people think there is, but there is not. Just as he is ordered to pay child support, you too, are ordered to comply with the visitation schedule. Good luck.

1 Answer | Asked in Family Law for Alabama on
Q: 16-year-old son no longer wants to live with father.

My son is 16 years old and has a terrible relationship with his father, his father is or has a very bad temper and tends to throw things and my son is scared what can I do

Sheila Crumley Field
Sheila Crumley Field answered on Oct 2, 2020

Petition the court for a change of custody.

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