Shane Michael Oncale

I pride myself in giving personal attention to my clients. Our firm represents individuals in the middle of a divorce or other family law crisis. In most cases, our clients will be faced with difficult issues that have a very real personal impact beyond the simple legal analysis. Most will be facing such issues and the law for the first time in their lives. Fear, confusion and uncertainly are rampant. We try to provide a safe haven and a place for sound advice handed out with patience, personal attention and compassion. If we can help you through the many issues involved in a divorce or family crisis, please do not hessitate to call on us. The first consultation is always free and you will speak with an actuall attorney for that consultaion and not merely a member of our staff.

• Free Consultation
  including free consultations by phone
• Credit Cards Accepted
  Visa and Mastercard

Alabama

Tennessee

Since 1994

Alabama State Bar

Current

The Oncale Firm

Current

Cumberland School of Law, Samford University

J.D.

University of Alabama - Huntsville

B.S. (1990) | Marketing

1988 - 1990

Alabama State Bar

Member

Current

Q. How can I urgently resolve a custody and enrollment issue for my children in Alabama?

July 31, 2025

A: It sounds like one of the statements in your fact pattern is incorrect. In order to have "sole custody" of your children there would have to be an order in place and if there was an order in place all these things would be addressed. If there has been no order then you don't have "sole custody." The social security part is easy. Contact the Social Security administration to get your child's social security card. Contact Alabama Vital Statistics to get your child's birth certificate. If the social security number for your child is any place else as in previous school or doctors office contact or go by the previous school office or doctor's office and get the records. The number may be listed there. Go in person and talk to someone at the school and let them know the issues you are having and find out what information you need, preferably in writing and file an emergency motion with the letter listing what is needed to enroll the child in school. Of course, as always, seek legal representation as what you can do with self help in limited and much more time consuming than if you had an attorney who knows the system and can do the heavy lifting for you. ... Read More

Q. Can aunt adopt child if one parent keeps rights in AL?

February 14, 2025

A: The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an attorney immediately about how to protect the keep your parental rights. The Aunt clearly appears to have a plan that she wishes to act upon or the issue would not have come up.

Q. How can I gain custody or visitation for my daughter in Alabama after losing custody?

February 14, 2025

A: A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights were not terminated then you can file a petition in the original case seeking to establish visitation rights. If your rights have been terminated which would be required for an adoption then you have no legal rights to visitation and therefore what you get, if anything, will be at the mercy of the current custodians or adoptive parents. If she was in fact adopted as your fact pattern seems to suggest it doesn't matter if she was eventually removed from the home of the adoptive parents as well because to be adopted in the first place your rights would have to be terminated. The first order of business will be to determine the status of your parental rights. As long as your rights have not been terminated you can seek visitation. ... Read More