Merrell Law Firm, LLC Hoover Civil Litigation Attorneys | Family Law & Criminal Defense 2026-09-03T09:14:13Z https://www.merrelllawfirm.com/feed/atom/ WordPress On Behalf of Merrell Law Firm, LLC <![CDATA[What counts as joint physical custody in Alabama?]]> https://www.merrelllawfirm.com/?p=47961 2026-09-03T09:14:13Z 2026-09-03T09:14:13Z When you and your co-parent split time with your child, Alabama does not demand a perfect 50/50 calendar. The law asks for something more practical: a schedule that gives your child frequent and substantial time with each of you. That standard protects your child’s routine while keeping both parents actively involved in daily life.

How Alabama defines joint physical custody

Alabama Code § 30-3-151 says joint physical custody means you share physical custody so your child has frequent and substantial contact with each parent. The statute also makes clear that equal time is not required. Joint physical custody focuses on where your child sleeps and spends each day, while joint legal custody covers big decisions like school, health care and religion.

What a joint custody plan must cover

Alabama expects your parenting plan to spell out the details instead of leaving them vague. Your written plan should address these core areas:
  • Education and daily care routines like homework, bedtime and transportation
  • Medical and dental care including who schedules visits and handles emergencies
  • Holidays, school breaks and vacation time so each parent knows their share
  • Child support and how you will handle extras like activities or travel
  • Decision authority when you disagree, so someone can move forward for your child
Courts can set these terms if you cannot agree, but a clear plan you create together usually works best for your child.

A schedule that fits the “frequent and substantial” test

Think about a school-year plan where your child stays with you Sunday through Thursday and spends Friday and Saturday with your co-parent, plus one midweek dinner visit. This gives your child a stable school base with you while guaranteeing regular overnight time and meaningful weekday contact with your co-parent. You can adjust the pattern for holidays, summer break and special events without losing the core rhythm your child relies on.

Your next step toward a workable plan

Use this framework to sketch a calendar that matches your child’s age, your work hours and the distance between homes. Then, review it with a family law attorney to make sure it meets Alabama’s rules and protects your parenting time.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[How to expunge an arrest record in Alabama]]> https://www.merrelllawfirm.com/?p=47960 2026-08-19T10:32:55Z 2026-08-24T05:01:28Z An arrest can show up on a background check even if the case did not end in a conviction. For Alabama residents, an old arrest record may cause problems when applying for a job, renting a home or seeking other opportunities. Fortunately, Alabama law allows people to clear certain criminal records. Learning if your case may qualify and how the process works can help you see what choices you may have.

When can an arrest record be expunged?

Not every arrest qualifies for expungement. Under Alabama law, the answer often depends on how the case ended and what type of charge you faced. For certain misdemeanors, violations and municipal offenses, eligibility may exist when:
  • Having the charge dismissed with prejudice and waiting more than 90 days
  • Being found not guilty and waiting more than 90 days
  • Having the grand jury return a no-bill and waiting more than 90 days
  • Having the charge nolle prossed without conditions and waiting more than 90 days
  • Completing an approved diversion or court program and meeting the required waiting period
Some nonviolent felony charges may also qualify in certain cases. Since each case has its own facts, checking the court record can help show whether you may qualify to file for expungement.

How does the Alabama expungement process work?

Expungement generally involves filing a petition with the criminal division of the circuit court in the county where the prosecution filed the charges. The Alabama courts use Form CR-65 for expungement petitions. Required documents can include a certified arrest or case record and a certified criminal history from the Alabama Law Enforcement Agency. Gathering the correct records can help prevent problems with an incomplete petition. Legal assistance can also help you review eligibility, prepare the required paperwork and address issues that may arise during the court process.

A cleaner record may be possible

An arrest does not always have to stay on your record forever. If your case meets Alabama's legal rules, filing for expungement may help remove the arrest from certain criminal records and limit what appears on some background checks.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[What If someone refuses to sign a contract amendment?]]> https://www.merrelllawfirm.com/?p=47958 2026-08-17T07:28:51Z 2026-08-17T07:28:51Z What is a contract amendment? A contract amendment is a written change to an existing agreement. Instead of replacing the entire contract, it updates specific terms while leaving the rest of the agreement in place. Both parties usually need to agree to the new terms before the amendment becomes effective. Under Alabama law, a valid contract generally depends on mutual agreement. The same principle often applies when changing an existing contract. Knowing whether both parties agreed is important before moving forward. Understanding this requirement helps explain what happens if one party says no.

What happens if someone refuses to sign?

A refusal to sign does not automatically end the original contract. In many situations, the existing agreement remains in effect unless both parties agree to modify it or another legal reason changes the parties' obligations. Depending on the circumstances, you may want to:
  • Continue following the original contract terms.
  • Discuss different amendment language that both parties can accept.
  • Review whether the contract already allows certain changes without a new amendment.
  • Keep written records of all proposed changes and responses.
These steps may help reduce confusion if a dispute develops later.

Why written records matter

Emails, letters and other written communications can help show what each party discussed during amendment negotiations. Under Alabama law, clear documentation often becomes important when questions arise about whether both parties accepted a proposed change. Good records also make it easier to understand each party's responsibilities if disagreements continue.

Moving forward with confidence

A refused contract amendment does not always mean the business relationship must end. In many cases, the original agreement is still in placestill controls until both sides reach a new understanding. Before changing how you carry out your contractual duties, consider seeking guidance from a legal professional. A clear understanding of your rights and obligations can help you make informed decisions and avoid unnecessary disputes.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Does homeowners insurance cover a burst pipe?]]> https://www.merrelllawfirm.com/?p=47955 2026-07-31T07:15:01Z 2026-07-31T07:15:01Z Standard policies cover sudden water damage Homeowners insurance policies generally cover water damage if the break is sudden and accidental. A frozen pipe that bursts during an unexpected freeze or a sudden pressure rupture usually qualifies for coverage. Standard home insurance coverage limits for water damage claims depend on your specific dwelling policy terms. Insurers treat gradual issues differently. Coverage drops if the carrier determines the break resulted from:
  • Long-term wear and tear
  • Neglected maintenance
  • Unaddressed minor drips
Insurance adjusters inspect the broken section closely. They look for corrosion or age to argue the damage built up over time.

Actions to take immediately after a pipe bursts

Your actions right after the spill affect your claim. Insurance contracts require policyholders to stop further damage quickly. Take these steps straight away:
  • Turn off the main water valve.
  • Document the damage with photos and video.
  • Contact a licensed plumber for emergency repairs.
Save every receipt from emergency repairs. Your insurer needs proof that you took reasonable steps to limit further water spread.

When an insurer denies your water claim

Insurers sometimes deny valid burst pipe claims by calling the event a maintenance issue. They may offer a settlement that fails to cover actual restoration costs. When an insurer acts in bad faith or misinterprets your policy terms, you do not have to accept their initial decision. A denied insurance claim creates unnecessary strain when you need repairs fast. Reviewing your policy language with a team that understands homeowner rights helps you challenge improper denials and secure the compensation you deserve.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Back-to-school co-parenting mistakes to avoid]]> https://www.merrelllawfirm.com/?p=47954 2026-07-24T23:04:51Z 2026-07-24T23:04:51Z The start of a new school year brings excitement, fresh opportunities and a long list of responsibilities. For co-parents, it may also mean new scheduling challenges from coordinating school pick-ups to deciding who attends parent-teacher conferences. Successful co-parenting often requires more communication and planning during the school year than any other time of the year. No co-parenting relationship is perfect, but by avoiding common mistakes you can help reduce conflict and create a more stable environment for your child.

1. Failing to review the parenting plan before school starts

Whether this is your first school year since your separation or you’ve been co-parenting for a few years, the start of a new school year often changes daily routines. Before school begins, you and your co-parent should review the parenting plan together and consider questions such as:
  • Who is responsible for drop-offs and pick-ups?
  • How will transportation be handled if your child participates in after-school activities?
  • What happens if school is canceled due to inclement weather?
If your current arrangement no longer reflects your family needs, you may need to petition the court for a custody modification.

2. Creating different rules for each household

While your households don’t need to be identical, it’s essential to remember that children generally benefit from consistency. Co-parents should agree on areas involving:
  • Homework
  • Bedtimes
  • Screen time
  • Attendance
  • Morning routines
Having the same expectations across households can reduce confusion and help children adjust more easily.

3. Ignoring school communications

Both parents have a responsibility to stay informed about their child’s education. This means keeping track of school calendars, homework expectations, behavioral concerns and extracurricular schedules. Many school districts allow both parents to receive electronic communications from the school. Staying informed allows both parents to stay involved in their child’s education. Most back-to-school issues can be resolved through communication and cooperation. However, some disagreements are more serious. You may need to speak with a legal professional if you and your co-parent can’t agree on issues such as school choice, parenting schedules or other problems involving custody or decision-making authority.  ]]> On Behalf of Merrell Law Firm, LLC <![CDATA[How might theft charges affect your future?]]> https://www.merrelllawfirm.com/?p=47952 2026-07-21T23:30:36Z 2026-07-21T23:30:36Z beyond the court-imposed sentence.

Severity of charge may matter

A theft charge involves accusations of you taking someone else’s property or services without permission and with the intent of depriving the owner of what you took. This can be in the form of shoplifting, employee theft, credit card misuse, fraud or several other circumstances. Some theft charges are misdemeanors, but others are felonies. Typically, felony theft charges will have more profound effects on your future. One of the primary ways either type of charge will affect you is that you’ll have to go to court, which could mean having to take time off work. Another significant effect of these charges is that you may not be able to continue with your present employment, and it may be difficult to find future employment, particularly if you’re convicted. Many jobs require that they can trust you with goods, money, proprietary information, customer information or other company property. Those employers may not be willing to take a chance to have someone accused or convicted of theft working for the company. It may be possible to mitigate the effects of the theft charges by working on your defense strategy as proactively as possible. Working with a legal professional who can help you to determine what defense options might be suitable for your case may be beneficial, given all that is at stake – potentially including your present and future employment.  ]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Which co-parent chooses a child’s school this fall?]]> https://www.merrelllawfirm.com/?p=47951 2026-07-01T13:03:38Z 2026-07-01T13:03:38Z You 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=47950 2026-06-18T20:16:19Z 2026-06-18T20:16:19Z Police 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=47949 2026-06-15T10:47:16Z 2026-06-15T10:47:16Z Visitation 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=47946 2026-06-09T10:57:35Z 2026-06-09T10:57:35Z scope 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.]]>