Child Custody in Alabama
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Alabama professionals that will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Alabama, not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements in Alabama
Three main types of arrangements can occur. These include full custody, sole custody, and joint custody. In Alabama, the Circuit Courts typically have jurisdiction over child custody cases. Across the state, Alabama’s Circuit Courts are represent 41 separate judicial districts.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
Under Alabama law, both the father and the mother are equally considered to receive full custody. The court will deem what is right and proper after consideration of the moral character and prudence of either parent, as well as the age and sex of the child. Overall, Alabama child custody laws dictate that the parent who can provide the best overall environment should get custody of the child.
When seeking modification of a child custody order, a petition is typically filed with the circuit court that rendered the original custody decree. However, one of the key factors considered in the decision is who has been the primary caregiver of the child before the separation.
Even when children only live with one parent, the other parent can still be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. Alabama state laws vary on what might result in parental termination.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.
Alabama code outlines the criteria the judge will consider when deciding whether joint custody is in the best interests of the child. These factors include whether the two parents agree on joint custody, where each parent lives, and whether the parents could cooperate in making life decisions for the child. Additionally, the judge will always consider whether either parent has or may commit delinquencies. Specifically offenses such as child abuse, domestic abuse, or kidnapping.
In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.
The Factors Courts Consider When Making a Decision
In , full custody is typically granted when one parent cannot meet the responsibilities of raising a child. This may apply if a parent is incarcerated, lacks financial stability, or engages in behavior that could harm the child. In such cases, the court may decide that awarding full or sole custody to one parent is in the child’s best interest.
More commonly, however, courts award joint custody, where both parents share responsibilities in raising the child. Joint custody requires consistent communication and cooperation to ensure the child’s well-being. When parents struggle to work together, the court may allocate more parenting time to one parent to minimize conflict and provide stability.
Joint custody arrangements in often require parents to coordinate schedules, activities, and resources for the child. In some situations, supervised visitation may be necessary for one parent, or exchanges may take place in a neutral, public location to ensure a safe environment for everyone involved.
The Basics of the Alabama Child Custody Process
Custody arrangements are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents can come together to find a solution. Oftentimes one that works well for the child without needing to involve the court system.
According to Alabama’s Mandatory Mediation Act (Section 6-6-20), mediation is mandatory if both parties want it, if one party wants it and pays for it, or if the court orders it. However, in a proceeding concerning the custody or visitation of a child. If the court finds that domestic violence has occurred, the court shall not order mediation. Mediation can occur if requested by the alleged victim. Or, if the service is provided by a certified mediator who is trained in family violence. Additionally, the victim is allowed to have a supporting person in attendance at the mediation session.
Working with a custody lawyer as a mediator can help to advise you on the best type of custody arrangement. One that would work for the unique requirements and needs of your child. Hire an experienced Alabama child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Alabama Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. An Alabama lawyer that specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely with an attorney’s help. If you’re looking to hire an experienced Alabama child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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