Merrell Law Firm, LLCHoover Civil Litigation Attorneys | Family Law & Criminal Defense2026-07-01T13:03:38Zhttps://www.merrelllawfirm.com/feed/atom/WordPressOn Behalf of Merrell Law Firm, LLC<![CDATA[Which co-parent chooses a child’s school this fall?]]>https://www.merrelllawfirm.com/?p=479512026-07-01T13:03:38Z2026-07-01T13:03:38ZYou and your spouse got a divorce last year. This is the first summer where you have been operating as coparents, exchanging physical custody.
So far, things have gone smoothly, but you are afraid that potential complications may loom in the future. Your child is going to be enrolled in school for the first time this fall. Do you or your ex get to choose the school? What if you do not agree on which school the child should attend?
Your legal custody rights
The answer is different from one case to the next, but it just depends on who has legal custody rights. Both you and your spouse may have shared physical custody rights, and you have been making custody exchanges as you coparent over the summer, but legal custody rights could be divided differently.For example, if you are the only one with legal custody rights, then you can simply choose the school without involving your ex-spouse. But if you both share legal custody rights, the same way that you share physical custody rights, then the two of you have to work together and select a school.Education is just one example. Legal custody rights often govern important decisions, perhaps relating to education, religion or healthcare. When these rights are shared, you and your former spouse have to work together.
How do you resolve a dispute?
Naturally, disputes do arise. Both of you may be set on different schools, and this can sometimes lead to significant custody disputes that wind up in litigation. Be sure you understand all of your legal rights as you move through this process.
]]>On Behalf of Merrell Law Firm, LLC<![CDATA[When is a search warrant important for home searches?]]>https://www.merrelllawfirm.com/?p=479502026-06-18T20:16:19Z2026-06-18T20:16:19ZPolice officers often need to search a person’s home to find evidence for a criminal case, but they can’t just walk in whenever they want to do that. Instead, they need to have the homeowner’s permission or a search warrant to search the home, unless there are some very specific circumstances present.
A search warrant is a court order that allows police officers to search a specific place and seize specific items. This document is the result of a police officer turning to a judge or magistrate to get written permission for the search.
What should you do if a police officer asks to search your home?
If a police officer asks to search your home, you can ask to see the search warrant. If they don’t have a warrant, they may want your permission. In most cases, they can’t proceed with the search if you decline to provide permission. There a few circumstances that allow police officers to bypass the need for permission or a warrant. These include searches that are connected to a lawful arrest, serious public safety concerns and emergency situations. Another exception is when illegal items or items connected to a criminal case are in plain view. For example, the officer could seize a stolen item in the living room if they can see it from the front window. Unlawful searches and seizures can become central factors in a criminal defense strategy. It can be difficult to handle this, so it might be beneficial to work with someone who can assist with developing and presenting a defense that shows what happens.
]]>On Behalf of Merrell Law Firm, LLC<![CDATA[What happens when a parent repeatedly misses visitation?]]>https://www.merrelllawfirm.com/?p=479492026-06-15T10:47:16Z2026-06-15T10:47:16ZVisitation obligations under Alabama law
In Alabama, visitation is a court-ordered right designed to preserve meaningful contact between a child and both parents. Under state policy, courts favor custody plans that allow children to have frequent and ongoing contact with both parents.
A parenting plan is the document that governs physical custody and visitation terms. Once a judge signs it, the plan carries the full weight of a court order, and both parents are legally bound to follow it.
Lasting impact on custody and stability
Alabama courts evaluate custody through the child's best interests standard. When a parent fails to appear for visits on a regular basis, a court may treat that pattern as evidence the parent is unwilling or unable to meet their parental duties.
Repeated missed visits can also provide grounds for the other parent to petition for a custody modification. You would need to show that a material change in circumstances has taken place and that the proposed change serves the child's interests. A documented history of absences may meet that standard, though the outcome depends on the details of the case.
Beyond the legal framework, children who face repeated letdowns from a parent's absence may struggle with emotional security and trust. Courts do not measure this harm in precise terms, but judges are aware that broken visitation patterns affect a child's sense of stability.
Practical steps for the other parent
If you are the custodial parent in this situation, one of the most valuable steps you can take is keeping detailed records. A log of each missed visit—with dates, times and any messages from the other parent—gives you the kind of documented evidence courts rely on when weighing a modification request.
You should also continue to make the child available for every scheduled visit, even when you expect the other parent will not appear. Courts view compliance with the existing order as a sign of good faith, and withholding access on your own initiative could undermine your position in future proceedings.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[4 dangers of scope creep in construction projects]]>https://www.merrelllawfirm.com/?p=479462026-06-09T10:57:35Z2026-06-09T10:57:35Zscope creep can gradually create significant legal, financial and operational challenges.
Contract disputes become more likely
Scope creep often creates uncertainty about what work the parties originally agreed to perform. Owners may believe certain tasks are already included in the contract, while contractors may view those same tasks as extra work requiring additional compensation. Without written change orders or clear documentation, disagreements regarding responsibilities and payment can quickly escalate into formal disputes.
Construction schedules may fall behind
Additional work frequently forces project teams to adjust priorities and redirect labor, equipment and materials. As crews focus on new tasks, originally scheduled work may be delayed. These disruptions can affect inspections, subcontractor coordination and material deliveries, making it increasingly difficult to meet contractual deadlines and project milestones.
Project costs can increase unexpectedly
Scope creep rarely affects only the project schedule. As the amount of work expands, labor costs, material expenses and equipment usage often increase as well. Even small changes can have a cumulative effect over time. When the parties have not clearly addressed compensation for additional work, cost related disputes may become unavoidable.
Workplace efficiency and safety may suffer
Construction sites operate most effectively when workers understand their responsibilities and project expectations. Frequent changes to the scope of work can create confusion, disrupt planning and reduce productivity.
As deadlines become tighter and project demands increase, workers may face greater pressure to complete tasks quickly. In some situations, rushed work environments can contribute to preventable safety risks and operational mistakes.
Scope creep often develops gradually, often making it difficult to recognize until serious problems emerge. Because disagreements involving project scope frequently raise important construction law issues, seeking legal guidance may help protect your interests and keep a project moving forward efficiently.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[Parenting time may change during summer]]>https://www.merrelllawfirm.com/?p=479452026-05-26T14:13:28Z2026-05-26T14:13:28ZAs the school year ends, parents who have a parenting time plan have to figure out how the schedule will change during the summer. Ideally, this will be done well in advance of school ending if your children will need childcare while you have them because babysitters and daycares may fill quickly.
There are several things that you should consider as you venture into the summer months with your children. One of the first things you should do is review the parenting plan and the summer parenting time schedule to determine exactly when you will have your children.
Extracurricular activities
Some extracurricular activities don’t follow the school schedule. Because of this, you’ll have to ensure that your children have suitable transportation to get to those activities when they’re with you. If you and your ex live in the same area, working together for transportation throughout the summer may make the situation easier for everyone involved.
Vacation scheduling
Planning a vacation with a parenting time schedule can be complicated. In some cases, the vacation may take precedence over the standard summer schedule. You still need to find out if the dates of the vacation will affect the other parent’s summer plans with the children. Compromise can go a long way when you and your ex are trying to work out these plans so the children can enjoy the whole summer and the activities that are happening. Some child custody orders have restrictions about where the child can travel. There may be a clause that requires permission from the other parent or the court. If that’s the case, you need to obtain the necessary authorizations in writing prior to making plans or taking the child out of the stated area. It can be challenging to get a parenting plan for summer set. Working with someone familiar with how these arrangements work may be beneficial.
]]>On Behalf of Merrell Law Firm, LLC<![CDATA[What should you know about invoking your Miranda rights?]]>https://www.merrelllawfirm.com/?p=479442026-05-11T15:31:34Z2026-05-11T15:31:34ZMany people who have watched police dramas or true crime shows have likely seen people being told that they have the right to remain silent and the right to be represented by an attorney. Those rights are actually critical in real-life situations. They’re known as the Miranda rights, which are rooted in the United States Constitution and have been upheld by the United States Supreme Court. The Fifth Amendment of the Constitution gives people the right to avoid self-incrimination. The Sixth Amendment guarantees the right to have an attorney in specific criminal cases. It’s critical that anyone who’s being interrogated by police officers fully understand these rights and how to invoke them.
Invoking your Miranda rights
When police officers read you your rights, they aren’t automatically invoked. They are merely telling you what you have the right to do. You have to invoke those rights if you want them to apply to your case. Invoking these rights requires you to be clear, but that doesn’t mean it’s complex. Making a simple statement is all that’s required. Some examples include:
I choose to remain silent
I invoke my Miranda rights
I want to speak to an attorney
Once you invoke your rights, questioning must stop. You shouldn’t make any other statements. Police officers can’t call in new people to question you because the invocation applies to all law enforcement officers. If police officers fail to inform you of your Miranda rights or don’t respect them when you invoke them, the case doesn’t automatically go away. However, it’s often possible to use those failures as part of a defense strategy. Doing this may be easier if you work with someone who’s familiar with these matters.
]]>On Behalf of Merrell Law Firm, LLC<![CDATA[Are you liable for mold damage from storms in Alabama?]]>https://www.merrelllawfirm.com/?p=479432026-05-01T17:55:23Z2026-05-01T17:55:23ZStorms in Alabama can cause sudden water damage that leads to mold growth. Homeowners often wonder whether they are responsible for the damage or if their insurance will provide coverage.
However, the answer depends on how the mold developed and what your policy covers.
When insurance may cover mold
Homeowners insurance may provide limited coverage if mold results from a covered event. For example, storm damage that allows water into the home may qualify if the damage was sudden and unexpected.In these cases, the policy may cover cleanup and repairs as part of restoring the property. However, coverage is often subject to limits and conditions outlined in the policy.
Situations where you may be liable
Homeowners in Alabama are generally responsible for maintaining their property. If mold develops due to neglect or failure to address water damage promptly, insurance claims may be denied.However, issues such as long-term leaks, poor ventilation or delayed repairs are often considered preventable. In these cases, the cost of remediation may fall on the homeowner.
Flood-related mold damage
Flooding is a common cause of mold after severe storms, but standard homeowners policies usually do not cover flood damage. Without a separate flood policy, mold caused by flooding is typically excluded.Even when flood coverage exists, mold remediation may have limited or no coverage depending on the policy terms.
Understanding liability risks
Mold can also lead to liability concerns if it affects others. For example, guests or tenants who experience health issues related to mold may raise claims.Liability coverage may apply in some situations, but this depends on policy terms and whether negligence is involved. It is worth noting that preventive maintenance and timely repairs are key to reducing risks.
Final thoughts
Mold damage after storms in Alabama depends on the cause, policy coverage and how quickly you respond, since not all situations are treated the same.If you are facing such a situation, seeking professional legal guidance can help you understand your responsibilities, review your insurance coverage and determine the best course of action after storm-related damage.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[What does “best interests of the child” really mean in custody cases?]]>https://www.merrelllawfirm.com/?p=479412026-04-14T12:18:22Z2026-04-14T12:18:22ZUnderstanding the best interests standard
Courts take custody decisions very seriously. They look at factors to decide what arrangement works best for your child. You might think about your child's age, their relationship with each parent and their daily routine. Judges look at these same things when making their decisions.
Your child's emotional and physical health is the most important part of these reviews. Courts may look at which parent has been the main caregiver, who can provide a stable home and how each parent supports the child's education and healthcare needs. They also consider your child's wishes, especially as they get older and can share clear thoughts about where they want to live.
Factors that courts typically consider
Courts examine both parents' ability to meet their child's needs. This includes providing a safe home, maintaining consistent routines and fostering healthy relationships. Your willingness to encourage your child's relationship with the other parent often matters significantly in custody decisions.
Mental and physical health considerations come into play as well. Courts may review each parent's capacity to provide emotional support and maintain their own well-being. Your work schedule, living arrangements and support system can all influence the court's assessment.
Remember that domestic violence, substance abuse or neglect can heavily impact custody outcomes. Courts prioritize your child's safety more than anything else.
Moving forward with your child's needs in mind
As you navigate custody matters, you may want to focus on demonstrating your commitment to your child's welfare. It might be best to document your involvement in their daily life, maintain open communication with the other parent when possible and show flexibility in creating arrangements that work for your child.
Every custody situation is unique, and courts evaluate cases individually. While these factors commonly influence decisions, your specific circumstances will shape the outcome. Understanding these factors can help you better prepare for custody proceedings and make informed decisions throughout the process.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[Does a material substitution justify a construction defect claim?]]>https://www.merrelllawfirm.com/?p=479392026-04-10T01:47:40Z2026-04-10T01:47:40Zsupply chain disruptions or economic fluctuations while the project is underway. Do construction firms and general contractors need to worry about clients pursuing defect lawsuits in response to a material substitution?
Proper procedures limit litigation risk
Generally speaking, construction contracts should include clear provisions for material substitutions. Prompt communication with the client to advise them of issues with acquiring materials or changes in costs can limit the likelihood of the client objecting to a substitution after the fact. They can then choose whether to wait when there are supply chain disruptions or pay more when economic fluctuations have drastically increased the price of their preferred materials.
Prior approval from the client, ideally in writing, all but eliminates the risk of a successful construction defect lawsuit brought on claims of inappropriate material substitutions. However, if the client is not aware of the substitution in advance and the final product deviates from contract requirements, then litigation could be a concern.
Reviewing the initial agreement and any communications about supply chain or pricing issues can help clarify whether a client has grounds for a construction defect lawsuit. Companies accused of inappropriate substitutions may need support to prevent the financial consequences and reputation damage caused by a client lawsuit.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[How can homeowners challenge a “pre-existing damage” claim?]]>https://www.merrelllawfirm.com/?p=479382026-03-27T14:00:13Z2026-03-27T14:00:13ZWhat does an insurer mean by “pre-existing damage”?
When an insurer says damage is already “pre-existing,” they are claiming the problem did not result from a covered event like a storm or sudden leak. Instead, they may point to exclusions in your policy for issues like:
Standard wear and tear
Aging or deterioration
Prior unrepaired defects
Generally, insurers have a duty to act in good faith when evaluating claims. This includes conducting a reasonable investigation before concluding that an issue existed before the covered event. Likewise, you have the right to present evidence proving otherwise.
How can you prove the damage resulted from a recent event?
One of the most effective ways to challenge a ‘pre-existing damage’ dispute is to build a clear, well-supported timeline of the property’s condition before and after the incident. Start by reviewing your policy and identifying the basis for the denial.
Insurers frequently deny claims using generic statements that are not backed up by actual proof. To combat a homeowners’ insurance claim denial, it may help to present documentation that shows the property’s condition at each stage. Photos, inspection reports and maintenance records can help establish a clear sequence of events, demonstrating which damage existed beforehand and which resulted from the covered loss.
How should you proceed if some damage pre-dates the loss?
In some cases, minor issues may have existed before some natural disaster or unexpected leak caused serious damage. When this happens, it is important to clearly differentiate pre-existing conditions. To assess the property, consider asking yourself the following questions:
Which areas of the property were already showing signs of wear or deterioration?
What damages emerged after the event?
How do the damages align with the timing and nature of the covered event?
A qualified contractor can provide a clear assessment, separating pre-existing wear from new, covered damage. If you feel uncertain about the claims process, enlisting legal guidance can give you clarity in how to communicate with your insurer.]]>