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Timothy Andrew Allen

Timothy Allen’s Answers

15 total


  • If my parents were awarded temporary custody of my daughter in 2012, she has lived with me for 2 years, how do I regain custody

    I was incarcerated at the time. Stipulations on temporary custody was that I could only see her under supervised visits. Like I stated in my question she has lived with me now for 2 years. Does the temporary custody still stand valid? What can I d...

    Timothy’s Answer

    As the others have advised you, you are going to need to file for a child custody modification asking the court to return custody to you. Our firm is based here in Jasper and we would be happy to discuss your situation in more detail if you would like to contact our office for an appointment.

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  • Is there any other way to get divorce without your spouse agreeing to sign paperwork?

    My spouse and I have been separated for more than two years but he won't agree to giving me a divorce but he was violent when we were together and I just want to move on with my life,is there anyway this is possible?

    Timothy’s Answer

    Yes, it is possible for you to get divorced without your spouse agreeing to the divorce. There are procedures that can help you but you will likely need the help of a divorce attorney. I would advise you to seek the counsel of a divorce attorney in your area.

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  • What is involved in removing name from deed to home?

    I live in alabama. My husband and I currently have both our names on our deed. What is involved in having my name removed from the deed and how much does it cost?

    Timothy’s Answer

    You will need to have a new deed drafted that conveys your interest in the property to your husband (assuming that is your intent). Once the deed has been drafted and signed, it will need to be recorded with the Probate Court in the county in which the real estate is located. Also, you should know that if you and your husband have a mortgage and are both listed on the mortgage, removing your name from the deed will not release you from your liability under the mortgage. As far as cost, you can call around to attorneys and ask for their rate to draft the deed.

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  • Am I going to lose custody of my son?

    My sisters want to take custody of my son because I have recently lost my sobriety temporarily after a steady period of sobriety. This has come on the heels of the death of my husband. I am willing to allow one sister to have temporary custody u...

    Timothy’s Answer

    It's impossible to answer your question because there are many, many factors that the court takes into consideration when making a custody change. The best thing you can do is to contact a family law attorney that has experience handling these types of situations. Each situation is unique but the fact that you acknowledge that there is a problem and that you are willing to work out a temporary custody solution will likely be looked upon favorably by the judge. The courts typically do all that they can to keep families together. If you are willing to work to get sober and stay sober again, your attorney should be able to work with the court so that you don't lose custody permanently. Feel free to contact my office and we will be happy to discuss your case with you in more detail.

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  • How much time do you get if its 3degree assant and 3 degrée burg

    My son 23

    Timothy’s Answer

    This depends on a number of factors including what prior convictions the person has and what if any other pending charges he may have against him and whether the DA is willing to deal on those charges as well. The best thing you can do is go talk to a criminal defense attorney. A good defense attorney may be able to work with the DA so that the person doesn't spend any time in jail.

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  • What is the cost of my husband adopting my son the father is not on the birth certificate

    My son's father is not on the birth certificate an I'm not sure who his father is

    Timothy’s Answer

    I practice family law in Jasper. I would be happy to speak with about your situation. As others have stated, I would need to know more before I can give you an estimate. Feel free to contact our office.

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  • I have a temporary protection order and a child with my abusier

    I go back to court next month to see if my protection order will be perm.... My question is I have a 2 year old with him, Im sure some type of visitation will come up conserning out son, My husband has narcolpsy and is currently not able to work d...

    Timothy’s Answer

    If your husband has a medical condition that prevents him from taking care of himself and/or possibly preventing him from safely caring for the child this will likely be a factor in any visitation orders. In addition, the protection order will also likely be taken into account by the judge. It is impossible to say exactly how the judge will take these factors into account but one likely scenario would be to grant him only supervised visitation with no overnights. If you can afford an attorney I would encourage you to speak with one.

    As far as him continuing to contact you, I would file a motion for contempt. If he's violating a court order the judge will not look very favorably on him and it could help to bolster your argument for making the order permanent. Feel free to contact my office for a free consultation.

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  • What is the process on adoption and name changing on Alabama?

    My 7 yr olds dad has never had anything to do with him. We live in the same town, nearly 5 miles from each other.He does pay court appointed child support. My husband that I married after his father has been his daddy since he was 2 and wants to a...

    Timothy’s Answer

    The basic process would start with seeing if the child's father is willing to voluntarily relinquish his parental rights. If so, then your husband could petition the court to allow him to adopt the child. A name change request would normally be part of the adoption petition. I would encourage you to contact an adoption attorney for assistance. You are welcome to contact my office for a free consultation.

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  • When does a modification for child support need to filed....considering a contempt of court hearing is set concerning same?

    I have filed for a contempt hearing concerning past due child support of $12K + as well as life insurance, health insurance and taxes. I filed all the required documents, served my ex and then sent certified documents showing him the court date. ...

    Timothy’s Answer

    The judge has the authority to modify the child support obligation as part of the contempt hearing if the circumstances warrant a modification. Therefore, if your ex argues as part of his defense in court, that a modification is needed or required then it is possible the judge may order a modification based upon the evidence presented at the contempt hearing.

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  • What happens after a motion for default is filed in a divorce case?

    My mom filed for divorce and my dad was served papers over thirty days ago. I know he has thirty days to answer but he didn't get an attorney nor file an answer within that thirty day period. They gave him an extra 15 days and that will be up Frid...

    Timothy’s Answer

    Typically when a motion for default judgment is filed in a divorce case the moving party (your mother) will be granted a divorce and awarded whatever relief she requested in her original complaint for divorce. However, you should know, courts generally do not like to settle cases via default judgments and instead prefer for cases to be decided on the merits of each party's argument. Therefore, it is relatively easy to get a default judgment set aside later.

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