Family Law FAQ

When I adopt a child am I required to obtain the consent of the biological father?

RESPONSE: Not necessarily. If the biological father is determined to be a putative father and among other things has failed to register under the Alabama Putative Father Registry Act neither notice to him nor consent to the adoption would be required from the biological father.

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If I filed to divorce my spouse and want custody of my children how do I determine the amount of child support I will receive?

RESPONSE: In Alabama, the calculation of child support is governed by what is known as Rule 32 of the Alabama Rules of Judicial Administration. Once accurate information on the gross income of both parties is known along with the costs of medical insurance that covers the child and cost of daycare, if any, then the lawyer can accurately determine the monthly child support amount.

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What type of visitation can the non-custodial parent expect in a divorce filed in Alabama?

RESPONSE: Alabama does not have a standard order or plan regarding visitation. Visitation is subject to each particular Judges discretion and it is difficult if not impossible without facts surrounding the divorce to determine what type of visitation a judge would order.

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After I am divorced, can the custodial parent move away and take my children with them?

RESPONSE: Alabama discourages a parent from moving either out of the state or more than sixty miles from their original home and places significant restrictions upon a parent who wants to move either out of state or more than sixty miles from their original address. The moving parent must take very specific steps to get permission to move but ultimately the decision whether to approve the move lies Lai° 11t41F with the judge to which the case is assigned.

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