Jacquelyn Diane Tomlinson's Answers

How long before you can get married after a divorce?

The answers here are incorrect. Under that laws of Alabama there is in fact a waiting period. Under Section 30-2-8.1 of the Alabama Code, section (a), "A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint." There is then a waiting period of 60 days from the date the divorce become finalized before either party can remarry. Alabama Code Section 30-2- 10 states, "When a judgment has been entered...

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How long do I have to be married to adopt a step child?

You dont have to be married to adopt. The laws of Alabama provide that any adult person may adopt a minor child. A husband and wife may adopt a child if they do so jointly (Ala. Code. § 26-10A-5(a)). Statutory law provides that the Department of Human Resources (DHR) cannot prevent an adoption of a child solely because the petitioner in unmarried or because he or she is of a certain age. Furthermore, no rule or regulation of DHR shall prevent an adoption by a person is employed outside of the...

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How much alimony is awarded to the other spouse ? can you tell me percentage wise?

Under Alabama law, there are mulitple types of alimony such as periodic, in gross, permanent, lump sum, rehabilitative, and alimony pendente lite. Alimony is usually based on need, maintenance and/or support. It is important to speak with an attorney and determine what form of alimony is appropriate for your specific circumstances. There is no set percentage used to calculate alimony but rather other factors that I have mentioned above. You need to be aware that there are defenses to the...

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If we both have joint custody can i sue for full custody later

You should not be forced to ever sign anything. Having said this, you can always bring suit for a modificaiton of child custody. Depending on the procedure of the initial custody determination you will either have to establish the best interest of the child or in certain situations show a material change in circumstances. I would recommend you hire an attorney to assist you in this matter.

Annulment?

Under the fact you have provided, no. You may need to speak with an attorny to determine if you in fact fal within the VERY limited annulment provisions.

Is my ex-wife restricted on what she can spend my child support payments on?

Child Support is to be spent on the child, end of story.

Can my Daughter give me custody of my Granddaughter if the Father is in prison?

Your daughter has the ability to give her opinion and requests as to the custody of the child but the Court will make the ultimate decision. If this is the initial custody determination of this child then the "best interest of the child" standard will be applied. Simply meaning that the Court will determine through witnesses and expert, if applicable, who the child should be place with. The best interest of the child standard insures that the child’s "best interests" are taken care of. The...

Can the proceed if the custodial parent never show up for court

You need to contact an attorney and discuss this issue with them. She is required to appear in court if told by the court to be present. Child support is based on two main factors, need and ability to pay. Without knowing much of the case its hard to give good advice, but you need to have an attorney handle this for you.

Im only 16 and DHR took my baby and gave her to her father but the place she is staying is not good and the DHR worker said it?

No. You need to go speak with an attorney in your area so that you can have your child returned back to you.

How can i get my child from the father?

You need to contact a faimly law attorney immediately and file an emergency order with the court to have the child returned to you. It is very important that you speak with an attorney!