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Shane Michael Oncale

Shane Michael Oncale

The Oncale Firm
  • Divorce, Family Law, Domestic Violence
  • Alabama, Tennessee
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
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
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
The Oncale Firm
Current
Alabama State Bar
Current
Education
Cumberland School of Law, Samford University
J.D.
Cumberland School of Law, Samford University Logo
Professional Associations
Alabama State Bar
Member
Current
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Websites & Blogs
Website
Shane M. Oncale's Website Profile
Website
The Oncale Firm Website
Blog
Birmingham Divorce Lawyer Blog
Legal Answers
74 Questions Answered
Q. Moving Child Custody Case to Alabama from TN
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.
Q. Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.
A: There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
Q. Mother of my 11 year old son lied and claimed another man on birth certificate. Do I have rights?
A: I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you proceed, the next step is to file a court action seeking that you be declared the father. Only a DNA test ordered through the court system bears any weight. In general, if the "other man" on the BC is the husband of the mother you are probably out of luck as only the husband would have the right to challenge paternity. If he is not the husband then you just need to file your action and proceed and the court will order testing and enter a finding defining your paternity and rights.
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Contact & Map
The Oncale Firm
Birmingham
1 Chase Corporate Dr
#400
Birmingham, AL 35244
Telephone: (205) 458-9805
The Oncale Firm
Huntsville
7027 Madison Pike
#108
Huntsville, AL 35806
Telephone: (205) 458-9805