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Alabama Child Custody Questions & Answers
Q: Can aunt adopt child if one parent keeps rights in AL?
I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More 
Shane Michael Oncale
answered on Feb 14, 2025
answered on Feb 14, 2025
The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More
Q: How can I gain custody or visitation for my daughter in Alabama after losing custody?
When my daughter was one year old, I lost custody while I was in prison due to a drug problem. A family promised to return her but used their connections in DHR to gain custody while I couldn't attend court. My daughter, now 14, contacted me, and we communicate daily. There have been no... View More
Shane Michael Oncale
answered on Feb 14, 2025
answered on Feb 14, 2025
A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights... View More
Q: I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?
Hello my son's father is trying to avoid paying child support and he has received a settlement check but I believe that he put the check in his wife's name or another family members name. I would like to know if I can pay an attorney to find information on the settlement and verify that... View More
Shane Michael Oncale
answered on Sep 28, 2024
answered on Sep 28, 2024
Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the... View More
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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T. Augustus Claus
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answered on Feb 9, 2024
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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
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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T. Augustus Claus
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answered on Feb 1, 2024
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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
Q: Do I have to answer interrogatories
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T. Augustus Claus
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answered on Jan 19, 2024
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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
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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T. Augustus Claus
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answered on Dec 27, 2023
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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
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
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James L. Arrasmith
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answered on Dec 27, 2023
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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
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 ?
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James L. Arrasmith
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answered on Dec 11, 2023
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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
Q: Should I, the defendant in a child custody case ,cease contact with the plaintiff
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T. Augustus Claus
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answered on Nov 30, 2023
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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
Q: How can I modify visitation due to lack of transportation?
I have a court-ordered visitation arrangement that isn't being followed. My visitation rights are being impacted because I lack transportation to visit my two daughters, who are three hours away. Although my sister is allowed to visit, I am not. This has been an issue for 5 to 6 years now.... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You’ve been trying for years to stay connected to your daughters, and it’s incredibly painful to feel like the system isn’t working with you. If your current visitation arrangement is no longer workable because of transportation barriers, you have the right to ask the court for a... View More
Q: How can I regain custody of my son from my father-in-law in Alabama?
I want to regain custody of my son from my father-in-law. I was pressured into signing custody papers at his lawyer's office due to a pending charge of child endangerment from being on prescribed medicine while pregnant. The charge was dismissed over a year ago. Despite not going to court, my... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You need to treat the custody papers you signed as a court order and file a petition in family court to have it set aside or modified. Explain that you signed under duress and that the underlying charge was dismissed over a year ago, so the original agreement no longer serves your son’s best... View More
Q: Signed custody agreement threat in Alabama
I have a signed agreement with the father of my child that specifies the custody schedule and terms. Recently, he became upset and is threatening to keep our child from me, even though he hasn't formally challenged the agreement in court. I've attempted to communicate with him, but he... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
If the custody agreement you have is not currently part of a formal court order, it is not legally enforceable in the same way a judge-approved custody decree would be. That means if the father refuses to follow it or threatens to withhold your child, law enforcement likely won’t be able to... View More
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Child Custody, Child Support, Adoption, Criminal Law and Family Law
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Q: Is it possible to adopt my child after terminated rights and recent charges in Alabama?
In 2018, I faced a legal battle with DHR over the custody of my children. In 2019, my rights were terminated after they took my newborn child, amid false accusations and issues in my case file. Now in 2025, I’ve noticed my eldest child is up for adoption again. After battling addiction and... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Your determination to bring your child home speaks volumes, and your strength in the face of past battles is undeniable. In Alabama, once parental rights have been terminated by the court, those rights are legally severed—including the right to make decisions for or adopt the child again. That... View More
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Q: Can I call the police for intimidation and unauthorized vehicle entry during child exchange in Alabama?
I have two children, a 3-year-old boy and a 9-year-old girl, and we meet at a truck stop gas station to exchange the children for parenting time. The issue is that when it's time for the children to go back to their mother, she and the maternal grandparents surround my vehicle, open the door... View More
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James L. Arrasmith
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answered on Jun 16, 2025
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answered on Jun 16, 2025
Yes, you can and should call the police if someone is entering your vehicle without your permission, especially during a court-ordered child exchange. Unauthorized entry into a vehicle, even by a family member, is not permitted under Alabama law and may constitute criminal trespass or even theft if... View More
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Q: How can we contest DHR custody actions and improve custody of my 15-year-old daughter?
My 15-year-old daughter is currently in DHR custody, which my mother and I are contesting. Despite my ongoing court case since 2014, my parental rights have not been legally terminated—yet DHR continues to seek placement for my daughter in therapeutic foster housing or group homes, against her... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
It sounds like you’re facing a challenging and stressful situation with DHR, but there are steps you can take to contest their actions and work toward improving your custody situation. Since your parental rights haven’t been legally terminated, you still have the ability to seek custody and... View More
Q: Can I be legally restricted from talking to my daughter's ex in Alabama?
My daughter, who lives with me, has asked that I not communicate with her ex regarding their children, although I often facilitate child pick-ups. Recently, I reached out to him about our oldest grandchild's needs for church camp, and my daughter was initially agreeable to this communication... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
In Alabama, there is no general law that restricts grandparents or other family members from communicating with their child’s ex-partner. However, if your daughter has specific concerns or requests, especially related to the children, she could take legal action to limit communication between you... View More
Q: Can the custodial parent collect back child support after moving without notice?
Can the custodial parent, who moved 400 miles away with the child without notifying the non-custodial parent until after the move, still expect to collect back child support now that the child is 20 years old? There were court orders regarding visitation. The custodial parent moved because she got... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
Your situation involves complex legal factors that courts consider separately, so let me help you understand the important implications. Child support obligations and visitation rights are treated as separate legal issues, which means the custodial parent's move without notice doesn't... View More
Q: Custody issue: false claims by guardian impacting visitation rights with my child.
I am the mother of a child currently under the legal custody of a woman who falsely claims to be his great aunt. Despite having court-ordered visitation rights, she often forbids contact based on personal grievances. Recently, my child was placed in detention, and I was prohibited from visiting him... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
You have several important legal options to address the guardian's interference with your court-ordered visitation rights. Since you qualify as low-income, you can contact your local legal aid office which provides free legal services for family law matters including custody disputes. Many... View More
Q: Mother-in-law violating custody agreement and preventing visitation rights.
I haven't been able to see or talk to my daughter in a month despite having supervised visitation rights, because my mother-in-law, who has temporary custody, is not complying with the court agreement. She was granted temporary custody until I complete substance classes—almost done except... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
You have every right to feel upset—what’s happening isn’t just unfair, it’s against a court order. If your mother-in-law is blocking your supervised visitation and interfering with your contact with your daughter, that’s a violation that the court takes seriously. You can file a motion to... View More
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