I have visitation rights but my son mother doesnt want him to visit me. She doesn't allow me to visit him unless she's in a good mood. I have tried to talk to her about him and she never wants to talk. I want joint custody so he can come stay with...
If your child's mother is in violation of the visitation Order, then contempt may be a necessary filing in Court. Unfortunately even though 50/50 custody is what is best for children, the Courts rarely order it. This does not mean that it cannot be done. There are some Judges in Selma who, in my experience, are more educated in the benefits of 50/50 custody than others, so the likelihood of your outcome may be dependent on who your judge is. There is a very high legal standard you must meet in order to do a change of custody from her having sole physical to you being awarded joint physical custody. Basically, you would have to show that it would be detrimental for the child to remain in her care under the current custodial situation. Difficult, but not impossible based upon the facts of your case. Unfortunately, you may have to retain a lawyer but if you do, make sure you retain a lawyer who believes in shared custody.See question
I have been with my boyfriend for almost 4 years and we have a 4 month old together. He is very abusive towards me and I'm planning on leaving him in a couple months once the lease is up, but I'm scared that he will get custody of our son because ...
It sounds like he is a good father to your child if you decided that he would stay home with your baby. Being a stay at home parent certainly would place him in the position of "primary care taker" if/when you go to Court. I agree with the previous lawyer that paternity may need to be legally adjudicated; however if he is on the birth certificate, all affidavits of paternity are signed and he has at all times acted as this child's father, then the Court may already deem him to be the legal father. You could take the child as there is no "order" stating otherwise, but doing so may be acting contrary to the best interests of your child. This child undoubtedly has bonded with his father and snatching him away because you want an upper hand legally may not be wise. Unfortunately the family court system encourages adversity and the children are usually the ones who end up in the middle. Your relationship with your boyfriend has absolutely nothing to do with his relationship with your 4 month old baby. All credible research shows that children fare much better in shared custody situations. This may not be the advice you wanted to read, but putting your child's best interests above your own wants and desires may leave you with a better outcome. His inability to keep a job does not mean he's a horrible father. You are both equally important in this child's life. If Court is unavoidable, do your own research as to what is best for your child. In my experience, some of the advice given by lawyers devastates children and leaves the families broken both emotionally and financially. Just because you are able to do something "legally" does not mean its the right thing to do.See question
Went to court last week for a modification of child custody. Result: Mother still has sole custody but I have an order of a visitation schedule now. She denied me visitation the first weekend it was to go into effect.
Shes already in contempt of court. I would document all attempts to get your child in accordance with the Order. Record conversations, screen shot texts and if necessary, record all in person interactions. You dont want to get into a situation where it is a he said/she said. If she continues to deny your visitation, her lack of compliance may be used against her in a subsequent proceeding for a change of custody as well. Your next step would be to file a petition for contempt and perhaps ask the Court to add langugae to the Order whereas sanctions would be imposed upon her for lack of compliance.See question
I don't want to be with my boyfriend but he keeps threatening to take my daughter from me! Can I get sole custody for him? He psychologically and emotionally tortures me! He tries everything he can to drive me to literal insanity so he can try to ...
It sounds like your relationship with your boyfriend has been on the rocks for some time. Your statement that "he keeps threatening to take my daughter from me" indicates one of two things; that he wants to be a part of his daughters life or that he being vindictive. Hard to tell from your post. Keep in mind that your relationship with your boyfriend has nothing to do with your daughter’s relationship with your boyfriend. Studies actually show that children do very well when raised by both parents after the parents separate. "Sole" custody completely strips the other parent of all parental decision making and makes them nothing more than a visitor. If he is a good dad, then let him be a dad. If he is truly abuse and is not a fit parent, then that’s a different story but it’s important that you as the Mother remain objective when it comes to decisions regarding your child and their father. Currently, Alabama uses the "best interest standard" which looks at several factors to determine what sort of custody arrangement is best for the child. The behaviors of the respective parties is considered by the Judge. I would suggest you and your boyfriend take some parenting classes to learn skills on how to co-parent your children after separation. Whatever decision you make or what lawyer you chose (if you hire a lawyer) remember that as long as you are both fit parents, your child needs you both.See question
I've been wanting to file for divorce for the past 2 years. My ex husband lives somewhere in Texas and won't ever tell me his address. I want an uncontested divorce and want to make sure he signs the papers.
An uncontested divorce is something that is filed if both parties agree to the terms of the divorce. If the two of you do not have an agreement, and do not agree to an uncontested divorce, then your divorce will be filed as a contested divorce. You could file the divorce and have him served at his last known address. If you are unable to serve him there (because he no longer lives there), then you could file a motion to have him served by publication. Generally you have to run an ad in the newspaper where his last resided, one a week for four weeks. At the end of the four weeks, he would be considered "served" and have 30 days to file his response. If he does not respond at the end of the 30 days, then you can file a Motion for a Default Judgment. This should be done for a reasonable price, since most lawyers have forms to do all of this. Good luck to you.See question
I am married, but we have been seperated for over 5 years. My wife has been intoducing herself married to the man she is with. She also uses his lastname on Facebook. We live in Alabama. I think it is a common law state.
The other answers are correct, in that she cannot get remarried until she is divorced from you. Could she be guilty of adultry? Techinically, I guess she can but it is highly unlikely. If you were to file for divorce and you admit that you have had a long term separation a judge most likely will not grant a divorce based on adultry. If adulty caused the separation, then the divorce may be granted on that basis. Since the marriage seems to be irretrievably broken, I would consider your options for a divorce.See question
My husband and I have been separated for almost 11mos (different states). My 2 children (my husband and I's) and I have moved in with a man I've known for 16yrs. I think I may be pregnant by this other man. Is my husband able to take the children ...
It appears that a divorce has already been filed, since you have referenced winning "full custody" in two previous court appearances. Your question “is there time to get a divorce before the baby is born” is a difficult one to answer. The answer to your question depends on several factors, such as if and your husband are able to agree on the terms of the divorce, if he is going to fight you for custody and various other factors common in divorce cases.
Your husband could raise the issue of adultery. However, adultery is difficult to prove. If you are pregnant, he can certainly prove that you had sexual relations with another man but may not be able to prove that the sexual relations took place prior to the date of separation. Although with an intact marriage the husband is presumed to be the father of the baby, the presumption is rebuttable. If you inform the court that your husband is not the father and/or if he informs the court that he is not the father, you should not have to worry about his name being placed on the birth certificate.
When dealing with custody awards, the courts in Alabama consider the best interests of the child. Your husband’s history of drug possession and DUI’s will be looked at by the judge, as will any blemishes in your past. I would consult with your lawyer regarding what steps to take next.
I wish you the best and hope that you and your husband will be able to get along for the sake of the children.
Melissa L. IsaakSee question
I used a online kit from Rocketlawyer .com which guaranteed 100'% success
Your situation unfortunately is not uncommon when dealing with online companies. Rules differ from county to county and often differ with judges within the same county.
I would contact rocketlawyer, request a refund and retain a lawyer to help you. Filing incorrect forms will do nothing but delay your case and frustrate the Court. Good luck to you.
Melissa L. IsaakSee question
college degrees. I work at a menial job. We have no minor children. I do not want this divorce, but i will not contest it if he will agree to help me get on my feet. My question is:am I entitled to alimony AND half of his 4O1K? Neither one of us h...
It is not uncommon for both parties to use one lawyer in the case of an uncontested divorce. However, for a divorce to be uncontested, both parties must agree on all of the terms of the divorce. That means every term! If he does not want you to speak to his lawyer then by all means seek representation for yourself. If you sign divorce papers without understanding the terms of the agreement, or sign paperwork which contain terms you do not agree with, it can be extremely difficult to modify the terms later.
You have a long-term marriage and are entitled to an equitable portion of all property acquired during the marriage – his 401(k) included. Equitable does not mean equal, it means fair. The courts generally look at age, education, ability to earn, the lifestyles that the parties have grown accustomed to and the conduct of the parties during the marriage when distributing property. Generally, you would be entitled to half of his 401(k) which was acquired during the marriage. Alimony is considered based on your needs and his ability to pay. The court attempts to make certain that both parties are able to provide for themselves after the divorce, although the standard of living for both of you may go down. Divorces, especially in this economy, can be a huge financial burden to both parties.
I would speak to a lawyer in your area. And the advice given previously is correct; you can request that he pay your attorneys fees. Hire a lawyer you feel comfortable with and trust that the courts will make a fair decision in the absence of an agreement between you and your husband.See question
My wife and I are getting ready to file for divorce. We have mutually areed on everything involving our divorce included the responsibilities and finances of our child. Upon the courts finalizing the divorce, can they supercede our decision or ag...
Although the courts have the authority to supercede the agreement you and your wife have mutually agreed upon, most of the time they do not.
The Courts generally promote peaceful negotiations and almost always order mediation in Autauga County. The judges would rather that the parties come to an agreement. There are state guidelines as to the amount of child support which must be paid but it is not uncommon to deviate from the guidelines for various reasons. As long as the court is satisfied that the needs of the child will be met, and that the best interests of the children are taken into account, the settlement agreement will most likely be approved by the court.
It is always a good idea to have a lawyer glance over the paperwork before it is filed. Several lawyers offer free consultations and will give you feedback as to any potential problems. Its great that you have reached an agreement and hopefully you will work together to co-parent your children.
Melissa L. Isaak