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Alabama Family Law Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on

Q: At 16 ( almost 17 ) can I choose to go live with my mom full time. ( right now I have to switch houses every week )

Kristine Jones answered on Apr 30, 2019

Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which... Read more »

1 Answer | Asked in Family Law and Elder Law for Alabama on

Q: Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA

My 92yo mother is in my care now, as my sister.. her POA has not been taking appropriate care of her. She has dementia, and is unwilling to use my mothers social security to help provide sitters for care..she is a total care patient. I am 75yo and need help. The courthouse said i could look online... Read more »

Frank Truncali answered on Apr 26, 2019

Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?

Their dad doesn't have a license and their grandfathers should be revoked, their grandmother is ill and isn't in her right mind. This isn't for personal gain this is for my kids

Mr. James Parrish Coleman answered on Apr 8, 2019

You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.

Kristine Jones answered on Apr 2, 2019

Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: How long does a person live with someone before they are considered common law married in Alabama and one still married

To someone else

Mr. James Parrish Coleman answered on Mar 25, 2019

No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be... Read more »

2 Answers | Asked in Child Support and Family Law for Alabama on

Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i live in... Read more »

Shane Michael Oncale answered on Mar 24, 2019

The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

Shane Michael Oncale answered on Mar 21, 2019

Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse... Read more »

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on

Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on

Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.

Kristine Jones answered on Mar 16, 2019

Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: If a mother can be proven unfit can she be put on child support?

The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it

Kristine Jones answered on Mar 16, 2019

Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on

Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »

Kristine Jones answered on Mar 11, 2019

Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

1 Answer | Asked in Family Law for Alabama on

Q: My husband abandoned me and my two children seven years ago, can I file for spousal support and child support? How?

Shane Michael Oncale answered on Mar 10, 2019

If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on

Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?

Shane Michael Oncale answered on Mar 10, 2019

A "lawyer" can't order you to do anything. Only a judge could enter an Order.

1 Answer | Asked in Family Law for Alabama on

Q: My son is 19, he works part time but he is going to college, he has ADD, can I get more CS?

N/a

Mr. James Parrish Coleman answered on Mar 5, 2019

Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: How do you find out if someone is legally married to two people

Is my marriage to this person legal

Mr. James Parrish Coleman answered on Mar 3, 2019

A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: What motions should I file to get my son back asap?

My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »

Shane Michael Oncale answered on Feb 27, 2019

First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution.... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on

Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... Read more »

Mr. James Parrish Coleman answered on Feb 18, 2019

You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on

Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.

I have full custody of my son. Colorado put a forthwith pickup of minor order but it doesn't work in Alabama. Alabama won't rewrite unless Colorado judge calls and confirms. Colorado refused to call because there is no case open in Alabama. I'm goin to Alabama to open case but 1) what do I file? I... Read more »

Shane Michael Oncale answered on Feb 17, 2019

If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on

Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?

Kristine Jones answered on Feb 17, 2019

Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?

If you are compensated will the custodial parent be responsible for reimbursing you? The judge that presided over my custody case handled things very poorly. Of course I wasn't represented and he was so nothing I got in my favor. The judge asked me and child's Father our annual income without... Read more »

Mr. James Parrish Coleman answered on Feb 15, 2019

Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are... Read more »

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