The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »
Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course...Read more »
Generally, the landowner of real estate may bring a claim of ejectment against an individual living on the property without a lease. If the owner of the real estate and the resident have a written lease, then an action for eviction or unlawful detainer would likely be proper. You may find it...Read more »
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... Read more »
There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.
I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you...Read more »
I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »
I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There...Read more »
So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... Read more »
If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit...Read more »
He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... Read more »
It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.
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 »
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 »
An Alabama attorney could advise best, but your post remains open for two weeks. You could reach out to attorneys in your area who handle defamation cases. As a GENERAL matter, these types of cases are not usually handled on a contingency basis like a car accident - which means that regardless of...Read more »
We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... Read more »
Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.
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 »
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.
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...Read more »
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 »
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 »
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?
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
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 »
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.
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 »
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