Zimmerman Law Group LLC

Areas of Practice

DUI & Criminal Defense

Drug Charges, Traffic Violations, Felony & Misdemeanors, Jvenile

Personal Injury

Wrongful Death, Accidents

Domestic Relations

Divorce, Child Custody, Child Support, Adoption

DUI & Criminal Defense

Criminal Law

Criminal Law in Alabama is one of the process that you as an individual may become invovled in even by receiving a ticket. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt.

DUI

It is against the law in every state to drive a car, a boat, or any other motor vehicle while intoxicated. DUI "Driving Under the Influence" or DWI "Driving While Intoxicated" covers serious DUI law criminal offenses related to driving a motor vehicle while under the influence of either alcohol or drugs. If you are driving erratically or violating traffic laws, the police may stop you and, if they believe you are intoxicated, ask you to submit to a field DUI/DWI sobriety test. They may measure your blood alcohol content by asking you to submit to a breathalyzer test or by asking for a blood and/or urine sample. 

Personal Injury

Personal injury is the wrongful injury of one person through the fault of another. Zimmerman Law Group focuses on representing clients who have been injured in automobile, motorcycle, ATV, boat, bike, train and trucking accidents; recreation accidents; fires and explosions.

Domestic Relations / Family Law

A crisis within a family such as a divorce or a child-custody dispute can be the most stressful and painful event any person or family can go through. An Attorney can not heal the pain, competent legal experience and advice can put a person on the right path to dealing with these complicated issues.

At Zimmerman Law group we know that family matters are the most sensitive, private and important issues in your life. Our knowledge and experience in this area enable us to provide you with all the information you need, when you need it, so that you may make the right decisions.  We care about you, your family and your case. We do everything we can to help you understand the issues and problems that you may face in this time. We have experience and represent clients in the following areas:

Adoption, Divorce, Spousal Support,  Marital Property Division,Child Custody,  Child Support,  Visitation,  Paternit,  Prenuptial Agreements,  Termination of Parental Rights,  Grandparent Visitation Rights,  Guardianship, 

Child support

Court are the only one that can enter an order for child support.  When a court enters an order of child support, it orders one party to pay a certain sum of money to another for the support of a child. The person who is ordered Must make monthly payments to the court or directly to the other party.  It is best today to make all paymentsdirectly to the court. The person who received the payment is the obligee. The amount of child support that is payable is usually based on state law that takes into consideration the number of children for which an obligor is responsible and the amount of income the obligor earns from all sources.

ADOPTIONS
IN
ALABAMA

WHAT IS AN ADOPTION?
      Adoption is the legal procedure through which a minor is
recognized by law as being the son or daughter of the adopting
adult(s) and as having all of the right and duties of such rela-
tionships, including the right of inheritance. The adoptee takes
the name designated by the petitioner.

WHO MAY ADOPT?
       Any person who is 19 years or older may adopt a minor
child. The Alabama Adoption Code specifically prohibits dis-
crimination in granting on the basis of marital status or age.

WHO CAN BE ADOPTED?
        A minor, defined as being a person under the age of 19
years and certain adults as define in the Alabama Adoption
Code, may be adopted.

WHAT STEPS ARE USUALLY
INVOLVED IN AN ADOPTION?
Preplacement investigation (may petition court or go to
Department of Human Resources or a licensed child
Placement agency).
   2.   All necessary consents and/or relinquishment conerning the adoption are obtained.
   3.   Guardian ad litem is appointed when either natural parent
          of the adoptee is a minor or in the event of a contested
          hearing.
   4.   Petition Court for authority to pay fees or expenses.
   5.   Placement of child with petitioner.
   6.   File petition for adoption 30 days after placement.
   7.   Serve notice or obtain waiver of notice on or from all par-
         ties entitled to notice of the adoption.
   8.   Post placement investigation.
   9.  Hearing.
 10.  Affidavits of nonpayment.
 11.  Accounting of disbursement.

WHAT IS A PREPLACEMENT
INVESTIGATION?
      Investigation conducted for the purpose of determining
the suitability of each petitioner and the home in which the
adoptee will be placed. The investigation will include a cimi-
nal background search and will focus on any other circum-
stances relevant to the placement of the adoptee.

IS IT ALWAYS NECESSARY TO HAVE A
PREPLACEMENT  INVESTIGATION?
      Yes, unless the person seeking to adopt is a close relation
of the adoptee as listed in Alabama Code Sec. 26-10A-27;
Sec.26-10A-28(1975).

WHOSE CONSENT TO THE
ADOPTION IS REQUIRED?

1.  The adoptee, if 14 years or older less mentally inca-
      pable of giving consent.

2.  The adoptee’s mother.

3.  The adoptee’s presumed father if he meets the require-
     ments set out in Alabama Code Sec.26-10A-7(c) (1975).

4.  The agency to whom the adoptee has been relinquished or
     which holds permanent custody except that a court may
     grant an adoption without the agency’s consent when it
     would be in the child’s best interest and the agency’s with-
     holding of consent is unreasonable.

5.  The putative father if known; provided that he responds
     within 30 days after receiving notice of the adoption.

CAN A MINOR CONSENT TO THE
ADOPTION OF HIS OR HER CHILD?
       Yes, however, prior to such consent the Court must
appoint a guardian ad litem to represent the minor parent’s
interests. A minor who is 14 years of age or older can nomi-
nate a guardian ad litem to protect his or her interests.

CAN A PERSON REVOKE A CONSENT TO
ADOPTION EXECUTED BY HIM OR HER
DUE TO THE FACT THAT AT THE TIME THE
CONSENT WAS GIVEN THAT PERSON
WAS A MINOR?
         No, a consent or relinquishment by a parent who
is a minor shall not be subject to revocation by reason of such
minority.

WHEN, WHERE AND IN WHAT FORM MUST A
CONSENT OR RELINQUISHMENT FOR
ADOPTION BE GIVEN?
      A consent or relinquishment for adoption may be given at
any time. The prebirth consent of the mother must be signed or
confirmed before a probate judge. All other perbirth or postbirth
consent or relinquishment must be signed or confirmed before
the Probate Judge or Clerk of the Probate Court, or
someone appointed by the agency conducting the investigation
or a notary public. The consent or relinquishment must be in
substantially the same form as provided in the Alabama
Adoption Code and must be in writing and signed by the per-
son consenting or relinquishing.

WHEN MAY A CONSENT
OR RELINQUISHMENT BE WITHDRAWN?
         A consent or relinquishment may be withdrawn for any
reason five days after the birth of the adoptee or five days after
the signing of the consent or relinquishment whichever occurs
later. The time to withdraw the consent or relinquishment can
be expanded to 14 days if the court finds that such delay is rea-
sonable under the circumstances and is in the best interest of
the child. Other provisions for withdrawing a consent are con-
tained in he Alabama Adoption Code.

WHERE IS A PETITION FOR
ADOPTION FILED?
     A petition for adoption may be filed in the Probate Court
of any of the following counties: where the minor resides;
where the petitioner resides or is in military service, or where
the office of the agency or institution having guardianship or
custody of the minor is located.

WHEN IS A PETITION FOR ADOPTION FILED?
      The adoption petition must be filed within 30 days after
the minor is placed with the prospective adoption parent(s)for
adoption. If  the person seeking the adoption is a stepparent or
relative of the adoptee then the adoptee must reside with the
petitioner for a year. The Probate Court, for good cause, may
waive the residency requirement in stepparent or related adoption.

CAN I PAY THE PARENT OF A MINOR OR
UNBORN CHILD FOR THE CHILD?
     No! An offer to make such payment is a Class A misde-
meanor, to receive payment for a person’s consent to adoption
is a Class C felony.

WHAT EXPENSES CAN I PAY?
     A person seeking to adopt a child may pay maternity con-
nected medical or hospital expenses and necessary living
expenses of the mother preceding and during pregnancy and
during pregnancy related incapacity as long as such payments
are made as an act of charity and such payment is no contin-
gent upon placement of the child for adoption.  All fees and
expenses, including legal, medical, investigative, or other legit-
imate professional fees may only be paid with the Probate
Court’s approval.

HOW CONFIDENTAIAL IS AN ADOPTION?

            The Alabama Adoption Code was designed to keep an
adoption as confidential as possible.

1.  Before a final adoption decree is rendered the only people
     with access to the adoption records are the petitioner, the
     petitioner’s attorney, the preplacement investigator and
     any attorney appointed or retained by the minor being
     adopted.  No other person has access to the adoption
     records unless they obtain a court order after showing
     good cause to allow them to inspect the records.

2.  All adoption hearings are confidential and held in a closed
     court proceeding open only to the interested parties and
     their counsel, except with permission of the Court.

3.  After the final decree of adoption is entered, all documents
     pertaining to the adoption are sealed and identifying infor-
     mation cannot be obtained by anyone except the adoptee
     under limited circumstances (see below).

4.  The natural parent(s) may contest in writing under oath to
     disclosure of identifying information to the adoptee when
     such adoptee reaches the age of 19.  The adoptee upon
     reaching the age of  19 may petition the Probate Court for
     disclosure of identifying information.  Such information
     will not be released to the adoptee without the natural par-
     ent consent unless the court determines it is best after
     weighing the interest of the parties involved.

WHAT IS THE DIFFERENCE BETWEEN AN
ADOPTION BY A STEPPARENT OR CLOSE
FAMILY MEMBER AND OTHER ADOPTIONS?

            There are usually less formalities and requirements when
the adoptee is being adopted by a stepparent or close family
member.  Unlike all other adoptions, usually no preplacement
or postplacement investigation nor accounting of the cost rela-
ing to the adoption are required.  In order to be exempt from
these requirements, the adoptee must have lived with the peti-
tioner for at least one year.

THIS INFORMATION PAMPLET, WHICH IS BASED ON
 ALABAMA LAW, IS TO INFORM AND NOT TO ADVISE.
 NO PERSONS SHOULD EVER APPLY OR INTERPRET
ANY LAW WITHOUT THE SID OF AN ATORNEY WHO
  ANALYZES THE FACTS, BECAUSE THE FACTS MAY
    CHANGE THE APPLICATION OF THE LAW.

                                    Additional Resources

For more information contact one of the following agencies:

• Alabama Department of Public Health, Montgomery, AL
• Alabama Department of Human resources
• Alabama Post Adoption Connections
• Alabama Dep. of Public Health Center for Health Statistics

David B. Zimmerman
Attorney at Law
1111 Dauphin Street
Mobile, Alabama 36604
Office:  (251) 434-0012
Email:  zimmerman@zrlawyer.com