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Shane Michael Oncale

Shane Michael Oncale

The Oncale Firm
  • Divorce, Family Law, Domestic Violence
  • Alabama, Tennessee
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Biography

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.

Practice Areas
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
Video Conferencing
  • FaceTime
  • Google Meet
  • Skype
  • Zoom
Fees
  • Free Consultation
    including free consultations by phone
  • Credit Cards Accepted
    Visa and Mastercard
Jurisdictions Admitted to Practice
Alabama
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Tennessee
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Languages
  • English: Spoken, Written
Professional Experience
Alabama State Bar
Current
The Oncale Firm
Current
Education
Cumberland School of Law, Samford University
J.D.
Cumberland School of Law, Samford University Logo
University of Alabama - Huntsville
B.S. (1990) | Marketing
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Professional Associations
Alabama State Bar
Member
Current
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Websites & Blogs
Website
Shane M. Oncale's Website Profile
Blog
Birmingham-Divorce
Legal Answers
84 Questions Answered
Q. Can aunt adopt child if one parent keeps rights in AL?
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?
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
Q. I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?
A: Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the father asking that he disclose all money received including form the settlement and other information that can help you determine the source, the amount and location of the money and then subpoena those entities to get the amounts and totals. On top of all of this if you prove he had the ability to pay but didn't and even more so attempted to hide the money he can be held in contempt and could be jailed, made to be costs and attorney fees or suffer other sanctions deemed appropriate by the court. ... Read More
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Contact & Map
The Oncale Firm
Birmingham
15 Southlake Lane
#334
Birmingham, AL 35244
US
Telephone: (205) 980-4322
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM (Today)
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: After hours and weekend appointments can be arranged.
The Oncale Firm
Huntsville
600 Boulevard SW
#104
Huntsville, AL 35802
US
Telephone: (205) 980-4322
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM (Today)
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: After hour and weekend appointments can be arranged.