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Amber Yerkey James
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Amber James’s Answers

179 total


  • What to do for daughter?

    My ex wife has custody of my daughter. I live in the same state 300 miles away. My daughter is 11 and wants to live with me to have a relationship with her siblings. She has changed schools 5 times. What can I do without going to court to modify c...

    Amber’s Answer

    Unfortunately, unless your ex agrees to the change of custody, you will have to go to court and ask the Court to change custody. The burden to change custody is very high; and as such, you should speak with an experienced family law attorney in our area to help you determine your likelihood of success.

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  • Can cellphone records be used in a divorce in Alabama

    Can text messages and cellphone records be used as evidence in a divorce case

    Amber’s Answer

    Yes, assuming that they are properly authenticated and obtained appropriately. You should speak with an attorney in your area as soon as possible regarding the exact procedures to obtain these records.. With text messages, it is virtually impossible to obtain the actual content of those text message from the cell phone provider. As such, you should preserve the text messages in the manner preferred by your attorney. He or she may want you take screen shots of the text messages or pictures of the text messages. Phones fail; so, don't rely on the messages being available on your phone forever.

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  • What is the easiest, cheapest way to get a divorce?

    We have been split up for three years now I have custody of our 3 yr old child. He is already on child support and there is nothing to fight over what is the cheapest way to get this divorce over with?

    Amber’s Answer

    Assuming you and your spouse agree on all the terms of the divorce, you should be able to obtain an uncontested divorce through an attorney for around the prices quoted in my colleague's answer. It is vital that you obtain appropriate legal advice from an attorney who regularly practices family law. Just because custody and support have been addressed in a separate court action, you should also incorporate those terms into your divorce action. I cannot tell you how many times I have had clients come to me to clean up the messes they have made trying to resolve these issues on their own. These clients end up spending at least twice if not four times as much as was quoted in my colleague's answer to correct the issues that could have been addressed for much less in a properly drafted uncontested divorce if both parties had at least had attorneys review the original agreement.

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  • Can Divorce Papers Be Rescinded in Alabama Once Signed?

    Can Divorce Papers Be Rescinded in Alabama Once Signed? granted may 14,2015

    Amber’s Answer

    Whether or not you can have your divorce set aside depends upon how long it has been since the order was entered. Generally, if it was entered less than 30 days ago, you can ask the Court to set it aside and dismiss the case. However, if it has been longer, you may just have to remarry one another. I suggest you talk to an attorney in your area who can assist you in determining whether or not you can set aside your prior decree.

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  • I live in AL. My 12 mts old daughter lives in ATL GA. I pay child support but it's not court ordered. I would like to

    bring my daughter to AL to visit for the weekend maybe once a month. Which is 100 miles from Atlanta. I have asked my daughter's mother but she says my daughter is too young right now. I have been in my daughter's life the entire first year she kn...

    Amber’s Answer

    A child is never too young to have a relationship with his or her father. How long has your child been living in Georgia? If she has been living in Georgia for more than six months, you will need to speak with a lawyer in Georgia regarding the actions you need to take to assert your parental rights. Each judge takes a slightly different approach to visitation with a child who is your daughter's age. Some will say the visitation needs to happen in the mother's home. Some will not have a problem with extended visits. Regardless, you need to meet with an attorney who can help you assert your parental rights and secure parenting time with your daughter.

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  • Can a father gain full custody of a two-year daughter if mother is emotionally unstable?

    This is a question that sickens me to pose, but my daughter is too important to me. My wife of three years suffers from severe anxiety and depression. She spends most days in bed or on the couch and does very little to nothing in the house; but ...

    Amber’s Answer

    • Selected as best answer

    You definitely need to speak with an attorney with experience in family law if you have not already. In Madison County, when you file for divorce, the court will enter what is called a Standing Pendente Lite Order. That order states that the court prefers for the minor child to remain in the marital residence during the time the divorce case is pending in the care of the parent who has been the child's primary caregiver. As such, you have to present a compelling reason to convince the court to do otherwise. If she has been the primary caregiver, whether she has been a good caregiver or not, you need to gather your facts and evidence and be prepared to convince the Court from the very beginning that allowing your Wife to maintain custody of your daughter is not in your daughter's best interests.

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  • What would be involved in adopting my 14 tear old grandson of whom I have custody and what would be the approximate cost?

    I live in Alabama. My former spouse and I have had custody of him since he was 4. Both birth parents consented to the custody. He has lived with me in my home for over half of the 10 years. I believe all parties would agree to the adoption.

    Amber’s Answer

    Assuming all parties are in agreement, the process should be fairly simple. Because your grandson is 14, he will have to consent to the adoption as well. The price for the adoption really depends upon which firm you hire, the level of experience the attorneys in the firm have with adoption cases, and the difficulty involved. Before you meet with an attorney, go ahead and gather the addresses for both of your grandson's biological parents and your former spouse. You will also need to talk to your grandson about his willingness to be adopted. You will also need to bring a copy of the court order that gave you and your former spouse custody of your grandson as well as your grandson's birth certificate. The more prepared you are for your first meeting with your attorney the more smoothly the process will proceed.

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  • Should child support calculations account for and include overtime or irregular schedules?

    If someone works an out of town job where they work several weeks and then home a few days before leaving again is this taken into consideration? Also is the hours limited to 40 even if more like 80-90 are worked?

    Amber’s Answer

    In a situation like this, the easiest way to calculate the current year's gross income is to take a pay stub that shows the party's year-to-date income and determine the person's average income over the course of the year. This will account for any raises the party may have received during this current tax year.

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  • My ex and I have joint custody (with me primary) of our daughter. Do I have to allow him to take my daughter on vacation?

    My ex and I divorced in 2008 and our aggreement was very vague because at the time we worked well together. We have joint custody with me being primary and he has "reasonable visitation to be arranged between the parties." He has always exercised...

    Amber’s Answer

    It appears that you have an attorney representing you since you have a case pending. As such, you need to discuss your concerns with him or her. Generally, orders from Madison County have the Standard Visitation Schedule attached to them so that in the event the parties cannot agree, the schedule provides guidelines for how parenting time should be exchanged. I would review your old order and discuss this with your attorney as soon as possible. If you are not represented, you need to contact an attorney to represent you as soon as possible. If your case is set for a final hearing in August, you have very little time to hire an attorney and make sure he or she is ready for trial.

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  • I want a divorce from my husband, but he want give me one and I don't work. I just had him locked up for domestic abuse. I have

    We have a house that is paid for in both our names.

    Amber’s Answer

    If you file for divorce, the court can grant it even without his consent. If you have not already filed for a protection order, you need to talk to a local attorney to determine if doing so would be in your best interests. You can also file a Complaint for Divorce and have him served. If he fails to answer within thirty days of being served, your attorney can file for a default judgment.

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