My ex-boyfriend has taken my child from me what can I do?

If you and your ex were not married when the child was born and/or paternity has not been established a Court, you may use the police to assist you. Generally a person can be charged with Interference with Custody Ala Code §13A-6-45. This is a Class C Felony offense.

If you were married at the time the child was born and/or paternity has been established by the Court, you would need to seek relief from the Court. Let me know if I can help you. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

I depend on alimony. What happens if my ex dies?

My husband/wife and I are going through a divorce. We have agreed that I will be the custodial parent and my soon to be ex will pay child support and alimony. If I did not have the child support and/or alimony I would not be able to take care of our kids. What can be done to protect me and our kids in the unlikely event my husband/wife were to pass away?

I would recommend that a life insurance policy be taken out on your soon to be ex. I would also require that the policy had you and/or the kids listed as IRREVOCABLE beneficiaries. By making the beneficiaries irrevocable the policy holder cannot later change the beneficiaries.

If I can help in any way with your will, child support or any family legal issues, please give me a call. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

What happens to our children if we pass away?

My husband and I have a minor child together; how can we ensure they are placed in the custody of a person of our choosing if something were to happen to us?

This question goes back to the importance of having a will. Within a will you can name guardians, conservators, and trustees. I suggest to everyone that that they name not only a primary person but an alternate person as well. In general, the Court will do everything they can to place the individual in the position you have named in your will so long as they meet the requirements required by law.

If you have any questions please call me.
-James Fancher (205)912-8247 or email: james.fancher@bhattorneysllp.com
Blankenship Harrelson, LLP

What is a Guardian Ad Litem (GAL)? What purpose do they serve?

GAL’s are appointed by the Court to represent an incompetent or minor party. The GAL’s whole purpose is to ensure the incompetent or minor party’s best interests are taken into consideration during Court proceedings and/or settlement agreements.

How is the GAL paid? Generally the expense of a GAL is split between the parties involved in the lawsuit. -James Fancher (205)912-8247

Temporary Child Custody and Wrongful Death Action

I temporarily lost custody of my child to my ex-husband/ex-wife and our child was killed in a car accident, who has the right to file a wrongful death action?

The individual who has physical custody of the minor child will have the exclusive right to bring the action if they file within six months of the minor’s date of death. After the six months has expired the non-custodial parent and/or a 3rd party representative may bring the action.

The case that covers this is Gladhill v. Lamar County Commission, which states that a temporary award of custody is a pendente lite order (meaning pending the outcome of litigation) and does not divest the individual who was awarded physical custody of the minor from bringing an action for wrongful death.  JDF (205)912-8247

My husband/wife and I are divorced. Who has the right to bring a wrongful death action on behalf of our minor child?

The individual who has physical custody of the minor child will have the exclusive right to bring the action if they file within six months of the minor’s date of death. After the six months has expired the non-custodial parent and/or a 3rd party representative may bring the action.

How will the proceeds be distributed?

The proceeds will be distributed in accordance with the Alabama law of intestate succession. (Alabama code §§ 6-5-390 and 6-5-391)  JDF (205)912-8247

My Ex wants to choose my child's school. Who has the final say?

My ex-husband/wife wants our children to go to a private school, but I would like them to go to a public school.  Who has the final say so if we disagree?

Parents should always try to make decisions based on their children's best interests.  If you are unable to come to a joint decision the party with primary physical custody will have the final say.  There are divorce decrees that will specify which parent has the final say in certain areas of their children's lives, such as education, health care, and religion. 

Give me a call if you have questions about this.  JDF (205) 912-8247

My girlfriend/boyfriend and I have a child together. Who has custody of the child if we separate?

The mother will have custody of the child in this case even if the father’s name is on the birth certificate.  The father will need to have paternity established through court proceedings since paternity was not established by marriage.

The court may establish paternity by testimony and/or by DNA testing.  In my experience the Court will establish paternity by DNA testing even though the parties are willing to establish it through testimony.   JDF (205) 912-8247