The attorney listings on this site are paid attorney advertising. This article shall not be construed as grounds for modification of an existing order. Before filing a custody case, you must determine if Alabama is your childs home state. Alabama usually qualifies as your childs home state if: Alabamas official state policy favors joint custody to ensure that minor children have frequent and continuing contact with their parents, especially when they are still younger. By FindLaw Staff | Legally reviewed by Hal Armstrong, Esq | Last reviewed November 29, 2022 Legally Reviewed Fact-Checked Biological parents have a right to seek child visitation or child custody. The law defines domestic or family abuse as "an incident resulting in the abuse, stalking, assault, harassment, or the attempt or threats of the same." (Ala. Code 30-3-150.). A custody agreement or order will legally determine, at minimum, the following things: This page describes how a contested child custody case is handled in the Alabama court system, and what factors are used to determine which parent gets custody. This may include the custodial parent wanting to move out of state, health issues affecting either parent, a job loss or job change requiring a schedule change, the presence of domestic violence, or other similar events. Child Custody Laws in Alabama - Divorce - LAWS.com Contact a Child Custody Attorneys Team for an Evaluation. For example, depending on circumstances, the child could suffer if they have to move back and forth between both parents. A communication platform for co-parents. How to go about filing for joint custody in Alabama? PDF State of Alabama - alacourt.gov A provision in Alabamas custody law states that if the wife has abandoned the husband, the husband will have custody of the child after the child reaches the age of seven, as long as hes suitable for that role. The following forms are available in portable document format (PDF) for the public and other users of the AOC website. This article shall not be construed as affecting the standard applicable to a subsequent modification. In an ideal circumstance, both parents will want to have custody of the children and will be happy to share join custody. Courts may also appoint an attorney to represent the child's best interests. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. An attorney can help you strategize and seek the best possible child custody outcome you desire. However, child custody cases are often very complicated and it may be difficult for you to file a proper petition and to go through the court hearings without the help of a lawyer. Who can get custody? First Petition for Child Custody. 30-3-152. It's usually better for everyone involved if the parents agree on the parenting plan themselves, rather than forcing the judge to decide. Usually parents will have to be flexible when it comes to custody and visitation for the benefit of the child. Can I get temporary custody as a part of a protection from abuse order? We've helped 85 clients find attorneys today. (2) Joint legal custody. How Is Child Custody Determined in Alabama? - The Law Offices of Alabama does not have statutory authority for appointment of a guardian ad litem or attorney for a child specifically in child custody case. Alabama courts always make custody decisions based on the child or childrens best interests. In addition, the law states that if a parent is absent or relocates because of an act of domestic or family violence by the other parent, the judge cannot use this against the parent in making a decision as to custody or visitation.3 In Alabama, if the judge determines that there has been domestic abuse, the judge is supposed to assume that it is not in the best interest for the abuser to get sole or joint custody.4 However, the abuser still has an opportunity to convince the judge otherwise. Can I file for visitation? Youll likely also need the Clerk of Courts to give you a case ID number. Alabama Code 30-3-150 sets out the State of Alabama's stated policy that joint custody is preferred. Alabama usually qualifies as your childs home state if: Leaving Alabama for a short period of time, such as going on vacation, usually does not change the childs home state.2, 1 See Alabama Code 30-3B-201(a)(1); 30-3B-102(7)2 Alabama Code 30-3B-102(7). When determining child custody the judge will take the prudence and moral character of the parents into consideration, as well as the age, sex, and needs of the child or children involved in the situation. How to File for Joint Custody | TalkingParents the emotional, social, moral, material, and educational needs of the child; the home environments offered by each party; the characteristics of those seeking custody, including age, character, stability, and mental and physical health; the ability and interest of each parent to provide for the emotional, social, moral, material, and educational needs of the child; the interpersonal relationship between the child and each parent; the interpersonal relationship between the child and any other children of either party; the effect on the child of disrupting or continuing the current custody situation; the preference of the child, if the child is old and mature enough; the report and recommendation of any expert witnesses or other independent investigators; any other relevant matter that is proven by the evidence. If the court doesn't believe joint custody would be appropriate, it will create a custody plan that is in the children's best interest. Can I File for Child Custody Without a Lawyer? How will a judge decide whether or not to order joint custody? Applicability; modification of order. Common Law Marriage in Alabama: What You Need to Know, The Psychological Effects of Divorce on Children (and How to Help Them Cope), A Guide to Uncontested Divorce in Alabama, A Guide to Social Security Benefits After Divorce, What to Say (and Not to Say) to Your Children in a Divorce, Life Insurance and Divorce: A Complete Guide, 132 Co-Parenting Tips for Divorced and Separated Parents, Alabama Child Support: The Definitive Guide, 37 (Not So) Obvious Signs Your Wife is Cheating on You, The Ultimate Guide to Divorcing a Narcissist, 38 Telltale Signs Your Husband is Cheating on You, 24 Essential Rules for Dating After Divorce, Co-Parenting with a Narcissist: The Dos and Donts, The Ultimate Divorce Checklist: The Information You Need to Prepare for Divorce, 29 Warning Signs That Your Marriage is in Trouble. An action to terminate the parental rights of one or both parents has been filed or the parental rights of a parent have already been terminated by court order. Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. A brief guide to child custody laws in Alabama. You first need to file a custody form with the court in your state. MPD officer injured in high speed chase, suspect in custody. As of September 1, 2003, when a Court in Alabama gives joint physical custody or gives one parent custody and the other visitation, the Court's order will tell each parent what they have to do if they want to move. Do you have a comment or correction concerning this page? Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: There has been a material or substantial change in circumstances that affect child . Alabama Joint Custody Statute - Divorceinfo.com In some states, the information on this website may be considered a lawyer referral service. Alabama child custody attorneys will provide you with a free consultation to get you started on the right path. It is produced in cooperation with Pro Bono Net and legal services . (5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. For example, a valid custody order issued by an Oklahoma court can be enforced by an Alabama family judge with no need to obtain an entirely new custody agreement. 96-520, effective January 1, 1997. One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted. Two (2) copies, including one certified copy, of the . How Much Does it Cost to File for Custody in Alabama? Alabama law also states that if a judge finds a parent has committed domestic or family violence, theres a presumption that giving that parent any form of custody wouldnt be in the childs best interest. Unlike other states where a "minor child" is a child who is less than 18 years old, in Alabama a "minor child" is a child who is less than 19 years old. (Ala. Code 30-3-152 (c).) Although, in every case, if a parent presents evidence that joint custody could harm the child, the courts will consider that. Acts 1996, No. In addition, an Alabama attorney can help to ensure you seek the custody agreement you desire. Policy of state. If you decide to file in court for custody, the process usually looks similar to this: The court custody process is usually very long and can be emotionally and financially draining. The abusers history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person. I haven't seen or talked to my daughter in months because my ex is very bitter towards me. Please talk to a lawyer in Alabama and in the state where your child was previously living to figure out where to file. REGISTRATION OF CHILD CUSTODY DETERMINATION Code of Alabama 30-3B-305. Courts may also appoint an attorney to represent the childs best interests. In which state do I file for custody? Transportation between two parents' houses. (Ala. Code 30-3-135 (e).). What Forms Do I Need to Get a Divorce in Alabama? It is of the utmost importance that, regardless of the parents relationship, the child or children is to the top priority. AlabamaLegalHelp.org is a project of Legal Services Alabama and the Legal Services Corporation. Can I get temporary custody as a part of a protection from abuse order? Legal decisions the parents can make include: The courts often award legal custody to both parents. You can usually only file for custody in Alabama if Alabama is your childs home state. However, there are exceptions to the home state rule. Whether you propose joint or sole physical custody, make it clear what parenting time schedule you want. Then, they can fight for you to have the child custody agreement you desire. For legal advice we invite you to consult an attorney at our firm. ). However, if the potential for harm is minimal, the court might permit a trusted family member or friend to oversee the visits. Mediation typically offers the first step. What are some pros and cons of getting a custody order? It's a good idea to check with the Clerk of Courts to be sure that you have all the paperwork required to file for joint custody, as there are multiple forms. E-Forms - Alabama Administrative Office of Courts Grandparents can petition for visitation only once during any two-year period unless they can prove there is a good cause to file more than once during that period. Therefore, they will always consider joint custody in every case. Who is involved in making parenting decisions (legal custody), The agreement or lack of agreement of the parents on joint custody, The past and present ability of the parents to cooperate with each other and make decisions jointly, The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent, Any history of or potential for child abuse, spouse abuse, or kidnapping, The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. This parent awarded custody is referred to as the custodian, and the other is considered the non-custodial parent. That might be the case if a parent has a history of domestic violence or child abuse, or an ongoing problem with alcohol or drug addiction. Or, your child is less than six months old but has lived in Alabama since birth. Alabama Child Custody Laws & FAQs | Survive Divorce Section(s):ALA. CODE 30-3-131 Alabama's Custody Laws If you cannot pay the fee, also fill out this form to tell the court about your income and expenses: Affidavit of Substantial Hardship But do not sign it until you are in front of a notary and swear that the information is true. It may depend on the childs age, relationship with a parent, and other factors. An attorney can guide you through every step of filing for child custody. With joint physical custody, the child lives with each parent for specific periods, ranging from a few days a week to perhaps months at a time. Reading the information on our website does not constitute an attorney-client relationship. When it comes to the laws regarding child custody in Alabama, the court system uses a number of different factors in order to determine the custody arrangement. At a minimum, a well-crafted parenting plan should include the following: As long as the parenting plan meets the childs best interests, courts will often approve a plan drafted by the parents and presented to the court for review. However, sometimes fighting for sole custody is necessary because you cant agree with the other parent, the other parent is not allowing contact, or your fear for your childs well-being. Alabama considers joint custody orders to be in the best interests of the child where possible. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors: (1) The agreement or lack of agreement of the parents on joint custody. Petition to Modify Child Custody in Alabama - Harris Firm LLC 30-3-154. Unresponsive small plane over Washington causes military jet to That's because it usually leads to children having frequent and continuing contact with their parents and enables parents to share the rights and responsibilities of raising their children. Can a parent who committed violence get custody? Judges in Alabama are authorized to order either joint or single-parent custody of a child subject to a custody dispute. With joint legal custody, both parents have a say in child-rearing decisions. COURTHOUSE CHILDCARE No Childcare Available Mobile County Child Custody Forms & Fees Alabama Child Custody Forms Used in Mobile County https://eforms.alacourt.gov/do Mobile County Child Custody Forms More Info. (4) Sole legal custody. There are exceptions to the home state rule. For example, it may be possible to file for custody in Alabama even if it is not the childs home state because: This can be very complicated and there are additional exceptions that could apply. How to go about filing for joint custody in Alabama? ), However, the presumption is "rebuttable," meaning the court could give custody to that parent if the parent proves that receiving custody wouldn't be detrimental to the child. Childrens use of technology and online activities, How to address child discipline and mental health issues, Guidelines when a new partner is involved, Grooming and dress guidelines (extreme haircuts, make-up, etc. Once all the paperwork is complete, you will sign the forms, have them notarized, witnessed, and return them to the court. We provide a Free Case Evaluation which is performed by an attorney in your area. You must pay a filing fee in cash or with a money order. Subscribe to receive the latest feature news and parenting resources. (5) Other necessary factors that affect the physical or emotional health and well-being of the child. AlabamaLegalHelp.org | A guide to free and low-cost legal aid Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. For those parents who wish to file and petition the court for custody of their child or children, it is very important that they understand how the child custody laws in Alabama actually work. The preferred arrangement by most psychologists and law experts is for parents to share both legal and physical custody of the child, if possible. This section describes Alabama's custody factors, considerations, and presumptions when evaluating a custody order. The prevailing view in divorce law today is that both parents should be involved in a child's life. In many cases, each parent wants legal rights for their children. Unfortunately, there are times when a child's safety is compromised when visiting with a parent. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference. If any other information comes forth during the divorce or child custody proceedings, the courts will consider it when making custody decisions. Alabamas New Child Support Calculation for Joint Physical Custody, Child Custody Modifications: McLendon Standard, Grounds for Divorce in the State of Alabama. If both parents request joint custody, the law presumes that this would be in the child's best interest. For temporary trips out of state, you should not have a problem if taking the child out of state does not interfere with the other parents custody or visitation rights or if the other parent gives written permission. Joint physical custody does not necessarily mean physical custody of equal durations of time. Costs can be around a few hundred dollars or more depending on your court. Contact with other family members and friends. Types of Child Custody Agreements in Alabama, How the Courts Make Custody Decisions in Alabama, Reasons Why Someone Might Need to Modify the Child Custody Agreement. In the state of Alabama joint custody can be joint legal custody, joint physical custody, or both. 30-3-156. After a breakup or divorce in Alabama, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support. Alabama law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate over a parent who attempts to alienate their child from the other parent. Alabama courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Legal custody refers to who will be making important decisions relating to raising the child, like education choices, religious upbringing, and non-emergency medical care. They must be followed at all times. Grandparents can petition for access and be awarded visitation privileges as long as the Court considers such access in the best interests of the children and one of the following conditions exist: If the child is living with both biological parents who are still married to each other, the parents can use their parental authority to prohibit a relationship between the child and the grandparent. In some cases, the court may allow unsupervised visitation. Legal custody is about major decision-making for your child. One or both parents of the child are no longer living. ), (Note that as of mid-2022, there is no guidance from Alabama courts as to how this law relates to same-sex marriages, which have been legal across the U.S. since 2015.