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.

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Domestic Violence

Domestic Violence Restraining Orders, Victims Rights , Victims Rights

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Alabama

Tennessee

Since 1994

The Oncale Firm

Current

Alabama State Bar

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. I just found out that my childs mother was arrested in Alabama for chemical endangerment of a child × 4.

December 27, 2021

A: Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does not actually establish paternity. This fact is often abused particularly by DHR. If you are on the putative father registry DHR should have at least contacted you when placing your child in foster care but your experience is no unusual. You need to file a petition to establish paternity and for custody. The sooner the better. Nothing will happen until you have an order declaring you the father..

Q. Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties

December 27, 2021

A: Your thoughts on this are correct. You do need to go through the court system to end child support. You may be able to end child support without changing custody but you will have to provide an acceptable reason to the judge as to why child support would be waived. As always this should likely be handled by an attorney. If agreed it should be at least marginally affordable.

Q. Moving Child Custody Case to Alabama from TN

November 10, 2021

A: Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer skilled in this area of law will know and understand. Is there a pending open case? If so you can definitely file your own case in Alabama and seek that it be transferred to Alabama again because if neither the child, nor the mother or father live in TN any longer than TN no longer has jurisdiction and any evaluation as to what is in the child's best interest will include almost exclusively evidence in AL. No court in either state is going to set or modify child support based on what might happen in the future and will base any decision on what evidence exists at the time. Furthermore, at least in AL, child support is based on your earning ability and not your actual earnings so you can't time going back to court with a temporary job loss or income loss to decrease child support only to replace that income shortly thereafter. Seek out an attorney and if he is going to try and place loose and fast with child support I don't know that I would be so quick to grant his wishes on visitation.