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. Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

May 18, 2023

A: The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to hire someone experienced in this area of law. Birth Dad will have to be served but if he has had not contact and not provided support for some time he will have been deemed to abandoned the child and his protest now will not stop the adoption from moving forward. I work in this area of law and would be happy to work with you.

Q. Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

January 31, 2023

A: Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them added. It is fairly standard for uncovered medicals to be split on a 50/50 basis.

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..