Grandparents' Rights, Miranda Warnings, Perjury Pitfalls, and Contempt in Alabama Courts: Expert Insights with Attorney Josh Holcomb

Send us Fan MailJoin host Macky Outlaw for an in-depth conversation with special guest Attorney Josh Holcomb, Founding Partner at M&H Legal Services (mhlegalservices.com), a seasoned north Alabama family law attorney based in Guntersville and Huntsville. In this wide-ranging episode, Josh breaks down key legal concepts that often come up in family disputes and court proceedings in Alabama: Grandparents' rights — We explore Alabama's Grandparent Visitation Act (Ala. Code § 30-3-4.2), including when grandparents can petition for visitation (such as in cases of divorce, parental death, abandonment, or out-of-wedlock birth), the high bar of proving clear and convincing evidence of harm to the child without visitation, the presumption in favor of fit parents, and limited options for custody involvement. Miranda rights — Josh clarifies how and when Miranda warnings apply (primarily in criminal custody and interrogation scenarios), and why they typically don't play a direct role in civil family court matters like custody hearings or divorce proceedings. Perjury — We discuss the serious (though rarely criminally prosecuted) consequences of lying under oath in Alabama family court, including potential misdemeanor charges, loss of credibility with the judge, adverse rulings, or impacts on custody/visitation decisions. Contempt of court — Josh explains civil and criminal contempt in family law contexts, such as willful violations of divorce decrees, child support non-payment, or custody/visitation order breaches — and the remedies courts use, from fines and makeup time to possible jail time to enforce compliance.This episode offers practical, straightforward explanations to help listeners better understand these interconnected issues in Alabama's legal system. Important disclaimer: This podcast is for informational and educational purposes only. It is not legal advice, and nothing discussed here creates an attorney-client relationship. Always consult with a qualified attorney for advice specific to your situation. Tune in for real-world insights from an experienced Alabama family law practitioner! Support the show866.910.7499 [email protected]