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17 year old stepson in alabama

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jennifer taylor

Junior Member
What is the name of your state (only U.S. law)? Alabama

hello.
my husband and i live in Texas but his son lives in Alabama. he has a 17 year old and 15 year old from a previous marriage. We always assumed that at age 18, his son would be able to make his own choices, but discovered recently that in Alabama the age is 19. My question is there any way around this? The mom has always favored the daughter and doesnt try to hide it from anyone including the son. she has basically turned the daughter away from us-that is another story.

We have tried to get custody since he was 4-we moved to Texas when he was 8. Without making this too long, every lawyer we have talked to has said they won't take the case because the child can't decide in the State of Alabama and the mom does just enough-feeds him, clothes him, no drugs or alcohol, makes sure he is in school...she enjoys the power she has over all of us-especially her ex. She is always good about letting us visit them when we come to Alabama (which is about every 3 months) For Christmas and during the Summer he comes here. but when it comes to moving here-even when we have said we would continue to pay the same amount of child support to her if she would let us have him here, she says NO. Several times she has said she was considering it, only at the last minute to change her mind(after everything has been set up, of course)

He will graduate from highschool in 2012. then the plan was he would come here and start college in the fall...he will still be 18. Can Mom stop this? If he is enrolled in college, would the courts really stop him from coming? we are worried that he will run away-normally he is a really good kid. We would be able to give him the support that he needs and craves.

Very frustrating to be a Dad(and stepmom) and have to deal with these crazy laws in Alabama. in other states we would have him by now, because he could tell the judge where he would like to live and why.

Any advice or thoughts would be appreciated. Thank you!
 


TheGeekess

Keeper of the Kraken
You do know that legally the only WE are MOM and DAD? That you have NO LEGAL RIGHTS to StepSon?

As far as the age of Majority, yes, in Alabama it is 19.

There are no states that will allow a child to decide where to live. There are states where a child's wishes may be taken into consideration, but in most of them there will have to be other changes in circumstances in the child's life to trigger a change in custody and in all of them best interests of the child still are the determining factor.

Link to Alabama Code on Child Custody
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm

Link to Alabama Administrative Court site on Child Support:
http://www.alacourt.gov/ChildSupportInfo.aspx

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
http://www.alacourt.gov/ChildSupportObligations.aspx
 

futuredust

Senior Member
What is the name of your state (only U.S. law)? Alabama

hello.
my husband and i live in Texas but his son lives in Alabama. he has a 17 year old and 15 year old from a previous marriage. We always assumed that at age 18, his son would be able to make his own choices, but discovered recently that in Alabama the age is 19. My question is there any way around this? The mom has always favored the daughter and doesnt try to hide it from anyone including the son. she has basically turned the daughter away from us-that is another story.

We have tried to get custody since he was 4-we moved to Texas when he was 8. Without making this too long, every lawyer we have talked to has said they won't take the case because the child can't decide in the State of Alabama and the mom does just enough-feeds him, clothes him, no drugs or alcohol, makes sure he is in school...she enjoys the power she has over all of us-especially her ex. She is always good about letting us visit them when we come to Alabama (which is about every 3 months) For Christmas and during the Summer he comes here. but when it comes to moving here-even when we have said we would continue to pay the same amount of child support to her if she would let us have him here, she says NO. Several times she has said she was considering it, only at the last minute to change her mind(after everything has been set up, of course)

He will graduate from highschool in 2012. then the plan was he would come here and start college in the fall...he will still be 18. Can Mom stop this? If he is enrolled in college, would the courts really stop him from coming? we are worried that he will run away-normally he is a really good kid. We would be able to give him the support that he needs and craves.

Very frustrating to be a Dad(and stepmom) and have to deal with these crazy laws in Alabama. in other states we would have him by now, because he could tell the judge where he would like to live and why.

Any advice or thoughts would be appreciated. Thank you!
It doesn't work that way.

As to the rest of the post, I cannot even find words. So many PARENTS come here with much bigger issues.. And here you are, no one, legally.. with a fist full of nothing to itch about.
 
What is the name of your state (only U.S. law)? Alabama

hello.
my husband and i live in Texas but his son lives in Alabama. he has a 17 year old and 15 year old from a previous marriage. We always assumed that at age 18, his son would be able to make his own choices, but discovered recently that in Alabama the age is 19. My question is there any way around this? The mom has always favored the daughter and doesnt try to hide it from anyone including the son. she has basically turned the daughter away from us-that is another story.

We have tried to get custody since he was 4-we moved to Texas when he was 8. Without making this too long, every lawyer we have talked to has said they won't take the case because the child can't decide in the State of Alabama and the mom does just enough-feeds him, clothes him, no drugs or alcohol, makes sure he is in school...she enjoys the power she has over all of us-especially her ex. She is always good about letting us visit them when we come to Alabama (which is about every 3 months) For Christmas and during the Summer he comes here. but when it comes to moving here-even when we have said we would continue to pay the same amount of child support to her if she would let us have him here, she says NO. Several times she has said she was considering it, only at the last minute to change her mind(after everything has been set up, of course)

He will graduate from highschool in 2012. then the plan was he would come here and start college in the fall...he will still be 18. Can Mom stop this? If he is enrolled in college, would the courts really stop him from coming? we are worried that he will run away-normally he is a really good kid. We would be able to give him the support that he needs and craves.

Very frustrating to be a Dad(and stepmom) and have to deal with these crazy laws in Alabama. in other states we would have him by now, because he could tell the judge where he would like to live and why.

Any advice or thoughts would be appreciated. Thank you!
I am curious about this, though. In Alabama, can they stop an 18 year that has graduated from high school from moving out of the house and attending college? I am just curious. I mean, if he left the state and got an apartment...could his mom force him back?
 

LdiJ

Senior Member
I am curious about this, though. In Alabama, can they stop an 18 year that has graduated from high school from moving out of the house and attending college? I am just curious. I mean, if he left the state and got an apartment...could his mom force him back?
I have wondered about that myself. In NY the age of majority is 21, yet there is plenty of info that indicates that despite that, at age 18 the courts won't force the ordinary kid to live with their parents.

I haven't seen anything either way for Alabama.
 

Banned_Princess

Senior Member
I have wondered about that myself. In NY the age of majority is 21, yet there is plenty of info that indicates that despite that, at age 18 the courts won't force the ordinary kid to live with their parents.

I haven't seen anything either way for Alabama.
At age 17 NY wont force a kid to do anything.
 

jennifer taylor

Junior Member
Obviously i know i am the stepmom, asking for my husband, who would be the FATHER-sorry to waste your time. He is a big part of my life too. (been married since he was 4) It is a pretty big issue in our lives-very thankful that we don't have other issues.

You know, if you dont have anything helpful, why bother putting a response?

I was just curious if anyone else had dealt with this and what the outcome was. We are so glad he is almost an adult!
 

TheGeekess

Keeper of the Kraken
Obviously i know i am the stepmom, asking for my husband, who would be the FATHER-sorry to waste your time. He is a big part of my life too. (been married since he was 4) It is a pretty big issue in our lives-very thankful that we don't have other issues.

You know, if you dont have anything helpful, why bother putting a response?

I was just curious if anyone else had dealt with this and what the outcome was. We are so glad he is almost an adult!
You can collect your refund at the door.

I don't care if you've known SS for 60 years, you are still a LEGAL STRANGER and will always be a LEGAL STRANGER. You have no more rights to this boy than I do. :cool:
 

haiku

Senior Member
There is nothing in your post that warrants this change in custody. "Just because a child desires it" is not a reason for it to happen.

Clearly if the boys is fed and housed, doing well in life and school, mom is doing her job. You may not like how she does it, but thats sometimes the nature of things when people who no longer like each other parent together.
 
There is nothing in your post that warrants this change in custody. "Just because a child desires it" is not a reason for it to happen.

Clearly if the boys is fed and housed, doing well in life and school, mom is doing her job. You may not like how she does it, but thats sometimes the nature of things when people who no longer like each other parent together.
That's true...but I feel this situation is a little different. The "child" will be 18 and wants to go to college and stay at his dad's house while doing so. The question is, can he legally do that....or can mom force him back and make a high school graduate sit on his bum until he turns 19?!
 

sometwo

Senior Member
That's true...but I feel this situation is a little different. The "child" will be 18 and wants to go to college and stay at his dad's house while doing so. The question is, can he legally do that....or can mom force him back and make a high school graduate sit on his bum until he turns 19?!
of course if dad does something stupid that could lead to less time with his other child .
 

stealth2

Under the Radar Member
It really is unlikely that the 18yo would be dragged back to Mom's. I don't know about AL, but in NY - the age of majority for stuff like moving out, etc is 18. 21 is for child support. The court will not force a 18/19/20yo to move back in with the custodial parent.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Alabama

hello.
my husband and i live in Texas but his son lives in Alabama. he has a 17 year old and 15 year old from a previous marriage. We always assumed that at age 18, his son would be able to make his own choices, but discovered recently that in Alabama the age is 19. My question is there any way around this? The mom has always favored the daughter and doesnt try to hide it from anyone including the son. she has basically turned the daughter away from us-that is another story.

We have tried to get custody since he was 4

{snip the rest of post 1}
Obviously i know i am the stepmom, asking for my husband, who would be the FATHER-sorry to waste your time. He is a big part of my life too. (been married since he was 4) It is a pretty big issue in our lives-very thankful that we don't have other issues.

You know, if you dont have anything helpful, why bother putting a response?

I was just curious if anyone else had dealt with this and what the outcome was. We are so glad he is almost an adult!
Common correlation in the two bolded sentences in the two posts.

There's a reason why the PARENTS of the child/ren are the ones we prefer to deal with.

And I'm sure everyone will be happy when he is an adult. 14 years of fighting is more than enough, I'd say. :(
 

mistoffolees

Senior Member
That's true...but I feel this situation is a little different. The "child" will be 18 and wants to go to college and stay at his dad's house while doing so. The question is, can he legally do that....or can mom force him back and make a high school graduate sit on his bum until he turns 19?!
Mom can't force him to sit on his rear - he's always free to get a job.

If he chooses to attend a college that's near Dad's and wants to stay with Dad rather than renting an apartment, eventually the court would probably allow it. That doesn't, however, mean that CS is going to change - Mom will still have a lot of expenses.
 

LdiJ

Senior Member
Mom can't force him to sit on his rear - he's always free to get a job.

If he chooses to attend a college that's near Dad's and wants to stay with Dad rather than renting an apartment, eventually the court would probably allow it. That doesn't, however, mean that CS is going to change - Mom will still have a lot of expenses.
He could also go to college near mom's home and transfer later.
 

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