Divorce and Family Law Attorney Helping Northern Alabama Families with Child Custody Issues
Going through a divorce can be one of the most physically, emotionally, and financially challenging experiences in your life. The uncertainty of what is to be expected is stressful. You may find that talking to trusted friends and family members who have already experienced divorce is helpful, but often only leads to more questions. Please call (800) 621-3591 or contact us to speak to a divorce attorney in Decatur or Huntsville, Alabama today.
At the Littrell Law Firm, We understand that every parent’s situation is different. Our clients are sometimes surprised by the things that are important for their case. A one-hour consultation with a divorce lawyer can provide you with the peace of mind of knowing what to expect and your options going forward.
Child Custody
If you have minor children, child custody is undoubtedly one of the most important aspects of your divorce. It is easy to see why parents going through divorce often find child custody under Alabama law especially important, complicated, and confusing. You may hear numerous terms as you start to research child custody, including:
- Legal custody and physical custody
- Sole custody or joint custody
- True joint custody
- Primary custody and visitation
- Standard visitation schedule
- Custodial parent and non-custodial parent
- Permanent custody or temporary custody
- Initial child custody and custody modification
If you and your spouse can reach an agreement regarding child custody, and the court approves the agreement as being in the child’s best interests, you can avoid the uncertainty associated with a court ordered child custody arrangement. If you and your spouse are not able to agree on child custody, the court will determine what child custody arrangement is in the child’s best interests and enter an order or decree setting out its determination. It is important you have an experienced divorce lawyer with trial experience to handle your case. During negotiations, it is invaluable to know your possible outcomes if you go to trial.
There are two separate aspects to child custody in Alabama:
- Legal custody, and
- Physical custody.
Legal custody is the right to make important decisions regarding your child’s upbringing, including education, health care, and religious training. Parents are typically required to discuss these major legal custody decisions with the other parent before making a final decision, but one parent or the other will have the right to make the final decision.
Physical custody is the physical care and supervision of the child. Regardless of whether the court determines sole custody or joint custody to be in the child’s best interests, a physical custody or visitation schedule sets out the amount of time the child spends with each parent under the court order. It is important that you find a child custody attorney to present your side of the case as fully as possible, and provide all relevant evidence to the court, to ensure a desirable outcome.
Child support goes hand in hand with child custody. Please read our child support page for more information.
Joint Custody
Alabama law policy favors joint custody arrangements for parents who have demonstrated the ability to do what is in their child’s best interests. It is important to remember that joint custody does not necessarily mean that you and your spouse will spend equal amounts of time with your child or children.
Joint legal custody provides you and your spouse with equal rights for major decisions regarding your child’s upbringing, including, but not limited to, education, health care, and religious training. You or your spouse may have the right to make certain decisions, while you both may retain equal rights regarding other decisions.
Ala. Code § 30-3-151 defines important child custody terminology as follows:
For the purposes of this article the following words shall have the following meanings:
- Joint custody. — Joint legal custody and joint physical custody.
- Joint legal custody. — 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. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
- Joint physical custody. — Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.
- Sole legal custody. — 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.
- Sole physical custody. — One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.
Joint physical custody arrangements assure that both you and your spouse will have frequent and continuing contact with your child or children. But, this does not necessarily mean you are guaranteed equal amounts of time with your child or children.
Arrangements where you and your spouse have both joint physical child custody and joint legal child custody are sometimes referred to as “true joint custody”.
Child Custody Factors Considered By The Court
When you go to court to determine the proper child custody arrangement, almost nothing is off limits. The court will consider your characteristics, your spouse, and your child or children. The interrelationships between you, your child, and your spouse are also important. Your child’s preference is considered, if the court determines they are old enough and mature enough. Expert opinions may also be considered.
Your home environment, as well as your spouse’s, will be examined by the court. Stability is important. The members of your household and the schedules you keep aid the court in determining the best place to rear the children. Your employment status, whether you own your home, and your and your spouse’s emotional stability may be reviewed by the court.
The court often examines the past consistency of each parent in providing for the children. Under Alabama law, it is important that children maintain a relationship with both parents, when appropriate. A parent who speaks negatively about the other parent to the child, attempts to disrupt the other parent’s time with the child, or negatively impacts the relationship between the child and the other parent will not be looked upon favorably.
Modifying Child Custody
After a child custody order is in place, changes in circumstances may warrant a modification of child custody. When you petition the court to modify child custody in Alabama, what you are required to prove depends on the prior court order. If your prior order was joint physical custody, the court will look at what is in the child’s best interest. However, if the court previously ordered that one parent has sole physical custody, or a “superior custody right”, you will have to prove that the change in custody that you are requesting would promote the best interests of the child and that the disruptive effect of the change would be offset by the benefit.
If you or the other parent are going to move and relocate, a change in child custody may be appropriate. You must give the other parent advance written notice if you are going to relocate. If you receive notice from the other parent that they are going to move, you only have a certain amount of time to file papers with the court. The change in principal residence is considered authorized if you do not commence an action with the court within a certain amount of time after receiving the notice.
Please call (800) 621-3591 or contact us to speak with an experienced child custody attorney in Huntsville or Decatur, Alabama, today. We will give our honest evaluation of your child custody situation so that you know what to expect.