Form C-10: If you ask the court for any of the following - Visitation with a minor child, Change of custody or visitation, Change in child support or Establish paternity (who is the legal father) - you also may need to file this form. The phone number for the Madison County Volunteer Lawyers Program is 256-539-2275. Welcome to the UJS Portal. Divorce Complaint (not publicly available), Plaintiffs Testimony (not publicly available). Family Court Judge Anita L. Kelly Judge Calvin L. Williams Judge Lloria James Honorable Anita L. Kelly Family Court Judge, Fifteenth Judicial Circuit (334) 832-1219 Court Staff Judicial Assistant - Court Reporter - Contact Information Address 100 South Lawrence Street Montgomery, Alabama 36104 Mailing Address P.O. Box 4960Montgomery, AL 36103-4960 Phone: 1-877-774-9513Voice Response: 1-888-726-9799Fax: 1-334-353-5181, Madison County Departmentof Human ResourcesP.O. Box 1667 that have been approved for use in the state courts. N Birmingham, AL 35203 | 205-325-5300Website designed and developed by Ingenuity, Inc. regarding the information's accuracy, timeliness, or completeness. I Have an Ex Parte Protection Order: How Do I Get Custody of My Children. Simply stated, our mission is to be the most successful judicial system in the nation. Morgan County - Eighth Circuit Court of Alabama A Protection Order is effective throughout the state as well as other states. Family Court - Jefferson County, Birmingham Division Family Court of Jefferson County exercises jurisdiction in matters involving children. The website is located at https://judicial.alabama.gov, 300 Dexter Ave. This document answers these questions and more. It may be necessary for the victim to seek shelter or safe place or call the police. Alabama's Unified Judicial System is one of the oldest in the nation. What happens if your ex files papers? Visit the website for more information. We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory receive service copies of court documents electronically. This form asks the court to send a person under the age of 19 to the Alabama Department of Mental Health. It is recommended that the plaintiff seek legal counsel to assist in this matter. They may then use the decree as proof of the change when updating their Social Security information, drivers license, and other accounts containing the name used during the marriage. The portal has been designed exclusively for the members of the UJS family. Use of the information is the sole responsibility ), Form PS-07: Please read "How to Change a Custody or Visitation Order" above before using this form. As of September 1, 2003, when a Court in Alabama gives joint physical custody or gives one parent custody and the other visitation, the Court's order will tell each parent what they have to do if they want to move. Imprisonment for two (2) years, with a total sentence of seven (7) years or longer; Committed to a mental hospital for at least five (5) years; Pregnancy during marriage unknown to the husband; If the wife has lived without the husband with no support. Appointment of Counsel in Capital Case. All rights reserved. This commonly starts with the discovery process during which the spouses list their property and debts. The plaintiff/victim must appear for the hearing. FAILURE TO DO SO CAN CAUSE YOUR CHILD SUPPORT PAYMENT TO BE LATE. . These are not fill-in-the blank forms, but are sample forms As of September 1, 2003, when a Court in Alabama gives joint physical custody or gives one parent custody . They arenotpermanent orders! Answers to these questions and more are in this document. We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory Alabama's Unified Judicial System is one of the oldest in the nation. Award the victim temporary custody of any minor children and restrain the abuser from removing the children from the victims custody. A dating relationshipdoes notinclude a casual or business relationship. Public Records Request The plaintiff must also provide payment for the filing fee (prices vary depending on the court). GIS Maps Please bring EXACT change. It is necessary that the defendant be served with the court order before the court date. Samples of forms are also located in the appendices of the various Alabama Rules of Court . If not, the hearing may be postponed because the Judge cannot take testimony from the plaintiff or a witness until the defendant is officially served. Address: Jefferson County Family Court 120 2nd Ct. North, Birmingham AL 35204 Maps & Directions: Birmingham Courthouse Bessemer Courthouse Phone Numbers: Birmingham (205) 325-5491 Bessemer (205) 744-3500 What can I do to get a Court to give me custody of my children? For immediate assistance, please call 256-716-1000. Thank you for visiting our website. FILING FEE: Court cost for filing a divorce is $324.00, payable by cash, money order or cashiers check. The plaintiff must ask the court for a Protection Order either in the county where the victim lives or in the county where the victim has temporarily relocated to avoid further abuse. Requesting Waiver of Parental Consent for the Performance of an Abortion, Rules Governing Admission to the Alabama State Bar, Alabama State Bar Rules of Specialization, Rules for Mandatory Continuing Legal Education, Alabama State Bar Client Security Fund Rules, Alabama Standards for Imposing Lawyer Discipline, Alabama Rules of Privilege in Collaborative Law Practice, Rules Regarding the Alabama Supreme Court Commission on Dispute Resolution. Living standard established during the marriage; Contributions made to the other spouses education or earning ability; Sacrifices in income or career opportunities to benefit the other spouse or their family; Extreme or unnecessary spending, concealment, destruction, or fraudulent disposition of assets and property; and. Affidavit/Request IWO. for more information on fees for photocopies. This law required a single location in each state to which employers could send wage withheld child support payments to be processed. Please click the Expungement of Records link for access to these forms. Guidelines to assign a parents child support obligations. Debra Kizer, Circuit ClerkFamily Court Division, Room821100 Northside SquareHuntsville, AL 35801, ACDDP.O. A member of the court will sign this document after a divorce has been awarded. If the defendant is a non-resident, the petitioner must have been a resident for at least six (6) months. It is produced in cooperation with Pro Bono Net and legal services organizations, bar associations, community organizations and government agencies throughout Alabama and the United States. 2015 Madison County Circuit Clerk. 2003-364, Application for Default Judgment ( signature needs to be notarized ) Form number C-25B, Default Judgment Entered By Court (Order) Money and Property, Default Judgment Entered By Court (Order) Property Only. Filing fees are non-refundable. If the temporary Protection Order is issued, it may include some or all of the following: Protection Orders may be obtained in the Family Court Division of the Circuit Court which is located in the Madison County Courthouse, Room 217 (Magistrates Office). To get Adobes PDF Reader, click on the Get Adobe Reader icon to download.). read more. A local domestic violence shelter is available to offer assistance in developing a safety plan and in planning to leave a violent relationship. AlaPay is the official website for credit card payments of state traffic tickets and criminal fines. In addition to the filing fee, service by sheriff is $20.00 or by Certified Mail is $8.13. Instructions for asking an Alabama court to change a child custody or visitation order. Although a Protection Order can be an important tool in helping the police and the courts discourage domestic violence, it is a judicial order and not a shield which will stop bullets, knives or fists. The courts must have avalidaddress for the defendant, in order for the defendant to be served with the temporary Protection Order and hearing date. If there is a pending case, then the plaintiff must file for protection in the county in which the case is pending. Answer to Landlord's Claim. Copies of these can be faxed or mailed to you for a fee. It is recommended that the plaintiff file in the county in which the victim resides, if possible. Should you need assistance with any of the paperwork, you should contact an attorney. AlabamaLegalHelp.org is a project of Legal Services Alabama and the Legal Services Corporation. Voting Info, Property Taxes Apply for Sewer, Building or Zoning Permit, Order Vital Records (Birth, Death, Marriage, Divorce), Pay Traffic Tickets or District Court Fines, Search Sewer Liens and Delinquent Accounts, Workforce Development Resources for Employers, Jefferson County Economic and Industrial Development Authority, Register As A Vendor With The County To Sell Goods. Alabama Judicial System The first step for a parent is sending a notice to the other parent by certified mail. A Protection order may be sought by the victim, if 19 years of age or older, or by a legally responsible person on behalf of a minor or incapacitated adult. ALABAMA PARENT-CHILD RELATIONSHIP ACT: PDF: Family Court/Divorce: View/Download: Alabama Parent-Child Relationship Act Act No. Family Court/ Divorce - Madison County Circuit Clerk This service can provide names and phone numbers of attorneys who practice in the area of domestic relations. You can also contact the Madison County Volunteer Lawyers Program @ 256-539-2275 or Legal Services at 256-536-9645. Please bring EXACT change. Filers should review the following documents and complete any forms that apply to their divorce circumstance: Note: The plaintiff should contact a clerk of the Circuit Court in the county where they are filing to see if any locally-issued forms are required. Alabama's Unified Judicial System is one of the oldest in the nation. The Alabama Supreme Court and State Law Library presents this information without warranties, express or implied, A resident of Alabama may file for divorce under the following grounds: A spouse may receive funding during the process of the divorce. Renew Tag My husband says he will get custody. If there is no progress, a mediator should be hired who can look at both sides and help an agreement come together. The agreement becomes effective once signed by both parties. Additional legal and court related information, forms, support, . Also, the filing fee for expungements has increased . Should you need assistance with any of the paperwork, you should contact an attorney. Attorneys are not appointed in Protection from Abuse cases. 2001 - 2023, Pro Bono Net, All Rights Reserved. While the plaintiff is not required to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. 36104, Copyright Affidavit, Request for Service of Income Withholding Order. Birmingham (205) 325-5491Bessemer (205) 744-3500, Audited Financial Statements 2023 only. The Human Resources Division of the Administrative Office of Courts in Alabama provides a full range of human resources services to the judicial branch of government. If any temporary orders are signed by the Judge, they are good only until the final hearing unless otherwise extended by the Judge. AlabamaLegalHelp.org | A guide to free and low-cost legal aid 2015 Madison County Circuit Clerk. Pay My Sewer Bill. Violations of a Protection Order may be punished as contempt of court and may be charged as a Class A misdemeanor for which the defendant/offender may be arrested with or without a warrant. Filing fees are non-refundable. First-class mail with a written acknowledgment upon delivery; Certified mail (return receipt requested). E-Forms - Alabama Administrative Office of Courts Samples of forms are also located in the appendices of the various Renew Boat License What can I do to make it more likely I'll get custody? A phone call to the 24-hour crisis line number is listed below can make a difference and will connect you to the shelter program in their area. After the forms have been filed, the plaintiff must serve the defendant with copies of the divorce forms. Filing fees are non-refundable. Note: If the spouses wish to receive an uncontested divorce judgment, the plaintiff and defendant must agree on all issues concerning their divorce. While it is not necessary to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. FILING FEE: Court cost for filing a divorce is $324.00, payable by cash, money order or cashiers check. If the victim lives in Alabama, even if he or she has just moved here, he or she can petition the court for a Protection Order. The defendant may appear and be represented by an attorney. Generally, Protection Orders may be issued only if there have been one or more recent acts of abuse or threatened abuse. Prohibit the defendant from selling, disposing, destroying, hiding, or mortgaging mutually owned or leased real estate or personal property. When can I get custody of my children? The forms on this website have been updated to reflect these changes. The arrangement may be modified if the spouses agree to an alternate division. Answer to Landlord's Claim: Residential Eviction/Unlawful Detainer. The website of the Alabama Administrative Office of Courts (AOC) links to Forms that have been approved for use in the state courts. If unable to afford the fee, the plaintiff can ask the clerk to waive the fees by filing an Affidavit of Substantial Hardship and Order. Just One Look: ON-DEMAND Access To Alabama State Trial Court Records One Case At a Time. No. In order to protect your rights, you may need to use papers others have given you. Form CS-47: If you file to change a custody or visitation order, you will also need to file this form. Technical comments: Webmaster. Filing fees are non-refundable. Free Alabama Marital Settlement (Divorce) Agreement - PDF - eForms 2003-364: PDF: Child Support: View/Download: Application for Default Judgment ( signature needs to be notarized ) Form number C-25B: PDF: Unlawful Detainers: View/Download: Certificate of Commissioner form: PDF: Family . Montgomery, Al. * Form PS-14: Request to Send a Child or Minor to the Department of Mental Health. Other helpful information for the Sheriffs department could include a physical description, vehicle description, tag number, etc. If the spouses do not have children and have no assets or debt for the court to divide, this. Form PS-05: Use this form only if this is the FIRST custody order for your children. These matters might include cases in which a child is alleged to be delinquent, dependent, or in need of supervision. You MUST file this form in the same county where the children live. E-Forms - Alabama Administrative Office of Courts Thank you for visiting our website. Crisis Services of North Alabama: 256-716-1000 (24 hours a day) or 256-716-4052 (office) Morgan County: 256-337-3670 www.csna.org A Protection From Abuse may not fix the problem. However, the guidelines may be modified if the amount of support is deemed inequitable or unjust. 2023 Electronic Forms LLC. If either spouse asked to have their former name restored, the change should be reflected in the divorce decree. The Court also exercises jurisdiction over other proceedings including establishment of paternity and child support enforcement, as well as protection from abuse. Before filing with the court, additional paperwork may need to be included with the complaint. PS-18: Form to be used to request to continue or postpone or "put off" a trial. Our Justices, Judges and staff share the sentiments of former United States Chief Justice Earl Warren when he stated that, "The success of any legal system is measured by its fidelity to the universal ideal of justice." It is recommended to first search there to determine whether there is a standardized form to be used. Copyright 2020 Alabama Administrative Office of Courts, Registration of Child Custody Determination, Petition for Modification or Petition for Contempt, Instructions for Income Withholding Order, Instructions for Filing a Withholding Order, Alabama Parent-Child Relationship Act Information, Answer, Waiver and Agreement for Taking Testimony, Domestic Relations Information Sheet (Form CS-47), Child Support Income Affidavit (Form CS-41) , Child Support Notice of Compliance (Form CS-43), The Office of Child Support Enforcement . After the Judge signs a temporary Protection Order, a date is set for a court hearing. Find out more about Alabama's Chief Justice in his biography page. Bessemer Courthouse, Phone Numbers: a standardized form to be used. To CHANGE an order, use form PS-07 above. After the couple has created a settlement agreement, it can be filed with the Circuit Court in addition to any other documents not yet submitted. Standard court forms (Petitions) must be filed with the clerk to ask for a Protection Order. This temporary Protection Order may be issued by the Judge without notice to the defendant. Family Court Division Telephone: 256-532-3424 Forms & Resources: Alabama Parent-Child Relationship Act Registration of Child Custody Determination Alabama Legal Help Website - alabamalegalhelp.org Motion Cover Sheet Petition for Modification or Petition for Contempt In accordance with the Alabama Rules of Civil Procedure, Family Court staff members are assigned to one of the following areas: DHR clients: To verify payments of child support, please call 1-866-252-4453. (You must have a PDF reader on your computer to open this document. Alabama Judicial System Privacy Policy | Social Media Moderation Policy | Web Policy | Site Map 2019 Jefferson County, Alabama716 Richard Arrington Jr. Blvd. ACT NO. (You must have a PDF reader on your computer to open this document. Click here The provisions recorded by the spouses govern their future relationship while providing evidence to the court that all divorce-related matters have been resolved. The order may be used to require law enforcement to accompany the victim to get the children to protect the victim or the children from harm. Should either spouse fail to satisfy their post-marital responsibilities, the non-breaching party may seek the appropriate legal means to enforce the agreement terms. The original divorce documents and one (1) set of photocopies must be filed with a clerk of the Circuit Court. Municipal Magistrates/Clerks, and Probate Judges, Rule for Administration of Voluntary Judicial Education, Rules for Mandatory Continuing Judicial Education for Supreme Court Justices, Appellate Court Judges, Circuit Court Judges, and District Court Judges of Alabama, Rules for Using Videotape Equipment to Record Court Proceedings, Temporary Rules Governing Procedures for Petitions by an Unemancipated Minor A Final Judgment of Divorce must be provided to a clerk. AlaFile is an application designed to allow users to file and A copy of the answer must be delivered to the plaintiff, and the original document must be filed with the Circuit Court. Often when a defendant first gets a Protection Order served on him/her, they may seek to increase the pressure, threats and violence. The completed Petition should be taken to the clerks office. FILING FEE: Court cost for filing a divorce is $324.00, payable by cash, money order or cashiers check. 1975 and is subject to revision. Supreme Court of Alabama 334.229.0700 Court of Civil Appeals 334.229.0733 Court of Criminal Appeals 334.229.0751 State Law Library 334.229.0578 About Our Judicial System Meeting of the Alabama Advisory Committee on Child Support Guidelines and Enforcement Scheduled. The Supreme Court of Alabama launched a website for Alabama's Unified Judicial System. Create an official, attorney-reviewed document. The victims home or work address, phone number, or other related information is kept confidential. Restrain the defendant from committing or threatening to commit acts of abuse, or from harassing annoying, telephoning, contacting, or otherwise communicating directly or indirectly with the victim, victims minor children, or any other designated person. In the event of discrepancies between the electronic version of the Alabama Rules The spouses should receive a divorce decree shortly thereafter. You can also contact the Madison County Volunteer Lawyers Program @ 256-539-2275 or Legal Services at 256-536-9645. Updated May 04, 2023 An Alabama marital settlement agreement is a contract that allows a married couple to set forth the terms of their divorce in writing. All judgments and damages that resulted from a criminal conviction in which the victim was the other spouse or a child of the marriage. What do you need to show in Court? (You must have a PDF reader on your computer to open this document. This fact sheet tells you what papers you should save. Alabama is an equitable distribution state. Alabama Rules of Court. To get Adobes PDF Reader, click on the Get Adobe Reader icon to download. Order the defendant to stay away from the victims residence or place of work, school or day care or any other specific place frequented by the victim or victims minor children or by any other designated person. Forms are available in several commercially published volumes. Will he? The couples decisions should be documented in a Marital Settlement Agreement. This form is required if the divorce case involves child support. An Alabama marital settlement agreement is a contract that allows a married couple to set forth the terms of their divorce in writing. Permits & Licenses Box 17555Huntsville, AL 35810 Phone: 1-256-536-0766Fax: 1-256-536-9052. Copyright 2020 Alabama Judicial System | 300 Dexter Avenue | Montgomery, Alabama 36104 Alabama's Unified Judicial System is one of the oldest in the nation. It is recommended to first search there to determine whether there is What if the court gave custody to my husband? The following service methods are permitted in Alabama: Once the documents have been served, a proof of service statement will be delivered to the plaintiff which they must file with the Circuit Court. Legal Disclaimer, Local Court Information Regarding COVID-19, Intergovernmental Child Support Enforcement Forms, Alabama Central Disbursement Division (ACDD), Alabama Department of Human Resources (DHR), Alabama Model Parenting Plan Court Forms and Time-Sharing Schedules, Registry of Foreign Language Interpreters, Overview of the Foreign Language Interpreter Program, Overview of the Sign Language Interpreter Program, AOC Foreign Language Interpreter Policies, Instructions for Payment of Alabama Court Interpreters, Payment Claim Form for Foreign Language Interpreters, Payment Claim Form for Interpreters for the Deaf, Fee Standards for Foreign Language Interpreters, Fee Standards for Sign Language Interpreters, Authorization to Conduct a Criminal Background Check, Overview of Foreign Language Interpreter Program, Overview of Sign Language Interpreter Program, Instructions for Payment of AL Court Interpreters, Authorization to Conduct Criminal Background Check. 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