Merrell Law Firm, LLCHoover Civil Litigation Attorneys | Family Law & Criminal Defense2026-05-26T14:13:28Zhttps://www.merrelllawfirm.com/feed/atom/WordPressOn 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.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[How to protect your business in a contract dispute]]>https://www.merrelllawfirm.com/?p=479372026-03-17T08:05:19Z2026-03-17T08:05:19ZComply with contract notice and cure requirements
Your first step is to carefully review the contract. Pay close attention to the notice provisions to determine how you must formally notify the other party of a breach. Following these instructions precisely can prevent unnecessary complications down the line.
Moreover, consider any cure period outlined in the agreement. Many contracts allow a certain number of days for the other party to correct the issue before further action is taken.
Preserve relevant evidence
After reviewing the contract, collect and organize all relevant documentation. Strong evidence can help you take decisive action. This can include the following:
Signed contracts and any amendments
Invoices and payment records
Emails, text messages and all related communications
Change orders, proposals and timelines
It can also help to create a clear timeline of events leading up to the dispute.
Reduce exposure to risks
When handling a contract dispute, it is also important to confirm that your business has met its own contractual obligations. Review your performance requirements and payment terms to ensure full compliance. If you identify any gaps, address each promptly to prevent potential counterclaims.
You may also review critical provisions with legal counsel, such as limitation of liability and indemnity clauses. These sections can potentially affect the direction of your dispute.
Prioritize open communication
Preventing misunderstandings can keep a dispute from escalating into litigation. Keep communications solution-focused rather than confrontational. Address the issue professionally by referencing specific contract provisions and outlining a clear resolution.
When possible, use written channels to have a record of discussions with the other party.
Taking prompt, strategic action
A contract dispute can be challenging, but it does not have to derail your business. Approaching disputes strategically provides control over your contractual relationships while safeguarding your business interests. Once you understand your rights, you can decide on the next best steps alongside proper legal support.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[What are the penalties for Alabama drug paraphernalia charges?]]>https://www.merrelllawfirm.com/?p=479342026-02-27T17:50:15Z2026-02-27T17:50:15ZParaphernalia possession is a misdemeanor
Under Alabama state statutes, drug paraphernalia possession is typically a misdemeanor offense for first offenses and a felony offense for subsequent charges. The state may bring paraphernalia charges without any drug charges if police officers only found tools intended for the use or distribution of drugs but no actual drugs or pieces of paraphernalia with residue.
They may also bring paraphernalia charges in addition to drug possession charges. The penalties for a paraphernalia possession conviction include up to a year in jail and a fine of up to $6,000 for a first offense. Repeat offenses that lead to felony charges can carry up to 10 years in prison and $15,000 in fines.
In some cases, especially when there is no drug residue present and the items are not solely used for drug consumption or manufacturing, those facing paraphernalia charges may have straightforward defense strategies available to them. Reviewing the state's evidence with a skilled legal team is an important first step for defendants hoping to fight paraphernalia charges and other Alabama drug charges.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[Can you keep your business interests during a divorce?]]>https://www.merrelllawfirm.com/?p=479332026-02-12T15:07:48Z2026-02-20T15:02:51ZDivorce can feel scary when your business is on the line. You may worry about losing control or seeing years of hard work divided in court.
Alabama courts use equitable distribution, which seeks a fair, not necessarily equal, division of marital property. Even if your business was separate property before marriage, the court may consider any growth tied to marital contributions, shared efforts or commingling. Only the portion linked to these factors may be subject to division or offset in the settlement.Understanding how the law treats your business in this case can help you plan and protect your interests.
How does Alabama law treat business interests?
Alabama courts look at when and how your business was created.If you started it before marriage, the court may treat the original value as separate. This means it may treat growth during marriage differently if it comes from your own effort or from market forces.Even if mostly separate, the business’s value can affect child support or alimony. However, it may no longer only be separate if your spouse contributed to the business, directly or indirectly, such as helping with operations or funding.A business valuation can show its worth and support negotiations, which may include awarding it to one spouse and balancing with other property or alimony. These factors help you see where you stand for negotiations.
Practical ways to protect your business during divorce
You can take steps to safeguard your business without breaking the law. Start by keeping personal and business finances separate. You may also consider arrangements that define ownership and responsibilities if the business is divided. Specifically, you can:
Keep clear records of financial contributions and profits
Document work or time your spouse did for the business
Review and update contracts that may protect your interests
Discuss buy-sell or other ownership agreements with a professional
These strategies help you show your contributions and clarify ownership. An attorney, accountant and appraiser may also give you accurate information for negotiations or court discussions.
Protecting your business and your future
Many business owners in Alabama keep control of their business or receive fair compensation. You do not have to face divorce blindly. Planning early and documenting carefully with legal support can reduce conflict and preserve your business. Focusing on your actions now gives you the chance to protect your work and your family’s future.]]>On Behalf of Merrell Law Firm, LLC<![CDATA[Co-parenting a child with an eating disorder]]>https://www.merrelllawfirm.com/?p=479322026-02-11T09:27:58Z2026-02-11T09:27:58ZParenting a child with any kind of physical, mental health or behavioral challenge is never easy. When the parents of that child are divorced and co-parenting across two homes, the challenges can feel overwhelming.
Take eating disorders, for example. These are most common in teen girls, but any child can develop one. The stress and uncertainty of parental divorce can worsen a child’s eating disorder, although it shouldn’t be a reason to stay in an unhappy or unfulfilling marriage. An eating disorder can cause a child to become dangerously thin or heavy. Compulsively eating and then purging comes with dangerous side effects as well. When a child’s physical and emotional health is at stake, co-parents need to agree on how to handle it. What if they have very different opinions about how to do that – or even about whether their child has a problem?
Why consistency across homes is crucial
If a child’s parents treat their eating disorder very differently as the child moves between homes, it’s only going to add to their anxiety around food and weight. That’s why it’s crucial for both parents to agree and adhere to at least some basic rules. Meeting together with the child’s physician and therapist, if they have one, can help parents determine some basic rules that they commit to following. These might include the following:
Focus on healthy eating rather than the child’s weight.
Don’t use scales, fitness trackers or calorie-counting apps unless the doctor advises it.
Don’t comment on other people’s bodies in front of the child – whether positively or negatively.
It’s also important that parents not disparage each other to, or in front of, their child regarding what they do or don’t allow, or encourage the child to defy the other parent’s rules.
Where does the parenting plan fit in?
It can help to add these points of agreement to the parenting plan. Codifying them can help both parents adhere to them. If divorcing parents have a child with an eating disorder, it can help to address that in the initial parenting plan. ]]>