Elizabeth Miller Zwiebel’s Answers

Elizabeth Miller Zwiebel

Birmingham Divorce / Separation Lawyer.

Contributor Level 5
  1. Can i charge my husband with kidnapping my little girl cause i want a divorce and i told him and he took off with her?

    Answered almost 2 years ago.

    1. Elizabeth Miller Zwiebel
    2. Shawn Robert Bunyard
    2 lawyer answers

    You can file a divorce and an ex parte petition for temporary custody. This will give you a temporary court order that would allow you to pick up your child. Until custody is established at least on a temporary basis, the police may not assist you. Due to the marriage, each parent has an equal right to custody. You should consult an attorney immediately and get the appropriate filing made. One thing to include in the petition and order is that you are allowed to retrieve your child with...

    2 lawyers agreed with this answer

  2. The father listed on my sons birth cert. no longer wants to be and wants to give up his rights to my fiance, how can we do that?

    Answered almost 2 years ago.

    1. Christian Ryan Peterson
    2. Matthew Thomas Majeski
    3. Elizabeth Miller Zwiebel
    3 lawyer answers

    Through an adoption process the biological father's rights can be terminated. The adoptive father then becomes responsible for the child and is vested with all rights as the child's father. Step parent adoptions are very common and usually move at a faster pace than other adoptions. Plus your rights as a mother remain unchanged and are completely protected during the process. At the end of the process the adoptive father's name is put on your child's birth certificate. Your child will then...

    Selected as best answer

  3. What do I need to do for my husband to be able to adopt my daughter?

    Answered almost 2 years ago.

    1. Elizabeth Miller Zwiebel
    1 lawyer answer

    In Alabama adoption may be granted when there is little to no meaningful contact or support from a biological parent. If her biological father has not been involved in her life for 6 months or longer, you should file for an adoption by your husband. This does not affect your rights as a parent, it only gives him the same rights to the child that you already enjoy. Judges in Alabama are receptive to step-parent adoptions since it provides certainty and permanency for a child to have both...

    1 lawyer agreed with this answer

  4. Not sure about this site. I ask my ? Days ago and no response . However, I see people getting answers within 3 hours!

    Answered almost 2 years ago.

    1. Elizabeth Miller Zwiebel
    1 lawyer answer

    You need to provide more facts. What type of case? Where is the jurisdiction? Questions that are fully posted provide lawyers the information needed to answer your question. For example, of default is taken then it is noted that a default judgment can be set aside for a host of reasons. But more information is needed.

  5. My ex husband when he gets the kids on his visit, he take them 2 work with him at night. How can I stop this..the kids r 5,6?

    Answered almost 2 years ago.

    1. Elizabeth Miller Zwiebel
    1 lawyer answer

    You can certainly file a modification of your divorce decree to change visitation. Most judges will consider negative affects of visitation such as lower grades due to lack of sleep, etc. You may have to be able to prove that the visitation schedule is not healthy for your children. As far as the address goes, parents whether custodial or noncustodial are required to notify each parent the address of where the children live or visit. This could be considered a contempt issue. Both...

  6. Deposition

    Answered 12 months ago.

    1. Gregory Paul Benton
    2. Timothy Miranda
    3. Joseph Patrick Waters
    4. Richard Forrest Gould-Saltman
    5. Michael Loren Renberg
    6. ···
    7 lawyer answers

    If the deposition notice was done according to the Rules of Civil Procedure, then yes. Any question is allowed to be asked. A deposition is a discovery tool that allows the attorneys and/or parties ask questions that may lead to discoverable evidence. Some information obtained in a deposition may not be admissible but it may lead them to a piece of evidence that is admissible. Therefore, any question is allowed to be asked. If the attorneys agree to usual stipulations they will only make...

    1 lawyer agreed with this answer

  7. I Travel for work. Should I pay support to the other parent before custody is established while I am away? If so, how much?

    Answered about 1 year ago.

    1. Kevin J. Vale
    2. Shannon Bradley
    3. Fred Ruotolo
    4. Elizabeth Miller Zwiebel
    4 lawyer answers

    No support is required until a court order is in place. Any support paid prior to a court order is your option but will be favorably looked upon at any finalization of your case.

    1 person marked this answer as helpful

  8. How can i get my daughters deceased fathers name on her birth certificate?

    Answered over 1 year ago.

    1. Elizabeth Miller Zwiebel
    1 lawyer answer

    If there is any DNA preserved with the coroner's office, there is a possibility to do a post mortem paternity testing and have him legally adjudicated the father. There are actually two cases going at the same time during this process. An administrator of the estate will have to be set up through probate court. Once the letters of administration are received the administrator of the estate can order DNA testing to prove he is the father. Then a paternity suit can be filed with the results of...

  9. How do i go about on getting joint custody of my little girl? and getting my child support modified?

    Answered almost 2 years ago.

    1. Ikemesit Amajak Eyo
    2. Daniele C. Johnson
    3. Elizabeth Miller Zwiebel
    3 lawyer answers

    If you are desiring to obtain custody of your little girl, you will need to file a Petition to Modify the final judgment of your divorce. You have to prove there has been a material change since the final judgment was entered or since the last time custody was decided over your little girl. Parental alienation is a very disliked behavior in most courts. Judges do not like to hear that one parent has deprived the other parent access or a relationship with their child. Your choices are...