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Alabama Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

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answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do i prevent my daughters paternal grandparents from getting full custody? Who is the burden of proof on?

I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More

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answered on Feb 1, 2024

In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Do I have to answer interrogatories
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answered on Jan 19, 2024

In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure... View More

1 Answer | Asked in Estate Planning, Family Law and Collections for Alabama on
Q: How should I deal with the people that call looking for the person in charge of my wife's Estate.. She had no will.

My wife passed in August 2023. She had one personal loan and two credit cards in her name only.

James Blount Griffin
James Blount Griffin
answered on Jan 5, 2024

This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on
Q: I have an question about DHR system about sleepover and head of house two thing

My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: I have 19 year old in my home that refuses to help or pay bills while I take care of her son. I can no longer this way

She is verbally abusive to me and her 1yr old son

James L. Arrasmith
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answered on Dec 11, 2023

In your situation, where a 19-year-old in your home refuses to contribute financially or help with chores, and is verbally abusive, you have several options to consider. Firstly, it's important to set clear and firm boundaries regarding behavior and responsibilities in your home. Communication... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I have questions my child father basically sees my kids when he wants to & when he asks to see them and i decide not to

He tries to call the police who do i talk to for this problem ?

James L. Arrasmith
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answered on Dec 11, 2023

In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial... View More

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Would the cops be able to do anything if the girl looks for the guy and the cops are involved by the girls parents?

19 year old girl. 18 year old boy. Parents of girl don’t want the guy with their daughter and threaten to call the cops on him if he keeps looking for her . Even go as far as to threaten the guy that they will say the guy raped their daughter.

James L. Arrasmith
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answered on Dec 5, 2023

In Alabama, if both individuals involved are legal adults (the girl being 19 and the boy being 18), they are generally free to make their own decisions regarding whom they choose to associate with. The police typically would not intervene in such a situation unless there is evidence of a crime or a... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can I seek legal action against an adult who is helping my minor child skip school and hiding her at her house
James L. Arrasmith
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answered on Dec 1, 2023

In Alabama, if an adult is knowingly contributing to the delinquency of a minor, such as by helping your child skip school, you may have grounds for legal action. This can potentially be considered as contributing to truancy, which is a violation of compulsory education laws.

First,...
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1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Should I, the defendant in a child custody case ,cease contact with the plaintiff
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answered on Nov 30, 2023

In general, it's best to avoid contact with the plaintiff in a child custody case if you can. This can help to reduce conflict and make it easier to resolve the case. However, there may be some cases where it's necessary to have contact with the plaintiff, such as to exchange information... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: My problem is very complex, but I will keep it as short as possible.- started with my parents moving in 2012.

My trailer which my parents lived with my children at the time. I was clueless and had no recollection of the transaction due to being 3 weeks post op of 1 of 9 spinal surgeries and was not of sound mind, and in severe pain leaving me unable to perform self care. I had my big screen TV picked up... View More

James L. Arrasmith
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answered on Nov 26, 2023

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot, and it's understandable that you're seeking clarity on your legal options. Regarding your belongings and the issues with your brother, the courts might indeed be able to help.... View More

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve

Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.

Don Oliver Keene
Don Oliver Keene
answered on Nov 22, 2023

So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption.... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband and I have separated for years now .he abandoned me and our kids.Can i sue him for abandonment and alimony
Don Oliver Keene
Don Oliver Keene
answered on Nov 17, 2023

It depends. You can always file for divorce and seek alimony and child support it really just depends on the details of your case whether or not you will actually get it. There are a lot of factors that go into determining these situations. You should absolutely seek a local family law attorney to... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for Alabama on
Q: My children in Foster Care& my husband in Jail over fabricatioed lies .

Officer & dhr plan for our

family due to me threatening the

Sheriffs office over Officer

mistreating my son. My husband

had a prior PI they thought it

would work. my husband is a

recovering alcoholic however he’s

a loving caring devoted... View More

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answered on Nov 12, 2023

I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your... View More

1 Answer | Asked in Family Law for Alabama on
Q: What’s the easiest way to change my name back to my maiden name?This was never done during my divorce in 2002!!!

I was married and divorced in Ga. I now live in Baldwin Co Al.

James L. Arrasmith
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answered on Nov 9, 2023

To revert to your maiden name after a long time since your divorce, you will need to go through a formal name change process in Alabama. This typically involves filing a petition with the probate court in the county where you reside, publishing a notice in a local newspaper, and possibly attending... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: Can I adopt my stepdad as my legal father?

My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate... View More

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answered on Nov 1, 2023

The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure.

Unfortunately, due to the...
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1 Answer | Asked in Family Law for Alabama on
Q: I'm currently 17. I turn 18 in Nov. 2023. If I got a GED would I be allowed to Move out without my parents permission?

If that can't happen, how do you apply for Emancipation and how do you qualify?

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answered on Oct 25, 2023

In Alabama, obtaining a GED at 17 or 18 doesn't grant you the automatic right to move out without your parents' permission. The age of majority is 19 in Alabama, so until you reach that age, your parents or guardians have authority over your decisions. Emancipation is a challenging legal... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Family Law for Alabama on
Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!

He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama!

T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork,... View More

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