This section has information about custody in Alabama, including the definitions of legal and physical custody, the factors a judge will consider when deciding custody, how the custody process works, and how to notify the other parent if you want to move out of state with your children. Our divorce papers were ready much faster than I expected. The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. Filing for Custody. 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. Joint legal implies that both parents have the same rights when making important decisions in a child's life, including education and health care. Physical custody refers to who the child lives with and who physically parents the child, and this is what most people are referring to when they talk about joint custody. Visit the court clerk's office, as they can offer you the best assistance with a child custody case. To begin custody proceedings, file a petition for custody in the circuit court of the county where you reside. Thanks to those who created this site. Getting Custody of a Child Without a Lawyer . Each state addresses unmarried child custody cases differently. Alabama’s joint custody statute runs from Ala. Code 30-30-150 through 30-3-157: 30-3-150. Child custody decisions are possibly one of the most difficult decisions that a court makes in Alabama divorce law.Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Information about custody in Alabama. draft or have someone draft a petition letting the court and the other party know what type of custody you are seeking and why; file your paperwork with the court and have the other parent served; and; pay a filing fee or request a fee waiver if you are low-income and cannot pay the fee. Contact the court clerk. By using qualified advice from our affiliated attorneys you can then make decisions based on your own circumstances. The child or children’s well-being is the highest priority and, regardless of what the parents may want in terms of child custody, what is best for the child or children will always be the biggest factor when it comes to who will be caring for and have custody of the children after divorce. Some additional considerations that are made include: The family court judge, in both Alabama and almost every other state in the country, will always make a child custody decision that they feel is in the best interest of the child or children involved in the divorce or in the case. The Alabama Petition for Child Custody can be obtained by searching online or through the state court. Child custody modification cases involving situations where divorced parents have joint legal custody, carry a strict and heavy burden of proof in order to obtain a change in custody. It is presumed that the best interests of the child are met when the child has contact with both The reason why these standards are so strict is to help minimize the changes and disruption that child custody changes can cause to the child or children and the parent who did not request the modification. Legal Disclaimer: All information provided on FamilyLawRights.net is to be used at your own discretion. That made the whole process so much easier! However, in Alabama, it is distinguished in two types: How to Make a Will Legally Binding Regarding Custody of Children By Cindy DeRuyter, J.D. Under Alabama law, joint custody is an option for separated parents, and the grandparents’ visitation rights are recognized. Custody Order -- Issued by the court, a custody order sets the terms and conditions of a child's custody. (3) The ability of the parents to … So, I was really glad I found alabamaonlinedivorce.com and they took care of all the paperwork and gave me clear instructions on how to file with the court. Welcome to E-Forms. Alabama courts prefer to award joint custody, but will take into consideration the following criteria before making a determination: Each parent’s feelings on joint custody; Any history of child abuse, spousal abuse, or kidnapping After the court hearing Once the judge makes a decision at the court hearing, the judge will sign a court order. I was wanting to know how I should go about filing for joint custody as far as the costs and paperwork. Child Custody Decisions Under Alabama Divorce Law. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. Her assumptions are incorrect and it has caused a complete up roar in my family. Child Custody Statutes in Alabama. Q&A. Parents often share legal custody, even when one parent has primary physical custody. Some of the items they must demonstrate include: These standards can often times be very hard for custodial parents to reach, and for good reason. Typically, both parents retain legal custody (joint custody). We didn't have any problems with the court as well. Our promise of complete customer satisfaction will never change. Everything was ready on time, and the court approved the papers without questions. If you have previously been involved in legal custody disputes, you must provide information about these disputes to the court. In the state of Alabama joint custody can be joint legal custody, joint physical custody, or both. Our team of skilled attorneys and professionals have helped thousands of customers secure their rights and we can do the same for you. When making this ruling, the judge will take many factors into consideration to make a final decision. In the state of Alabama joint custody can be joint legal custody, joint physical custody, or both. Yes. joint legal and joint physical custody. Despite the COVID-19 outbreak, we are still open, and will remain so. A clerk can explain rules and procedures to you. Copyright © 2021 Legal Lead Solutions LLC. The Alabama Petition for Child Custody is the form required for Alabama residents seeking custody of their children through the court. Many states’ courts will order both parents to retain legal custody, or shared custody. Do I have to pay to file my forms? Form PS–05 Page 1 of 2 Rev. It always seemed to me that divorce must be a much more complicated process. Child custody law in Alabama can grant the following five types of arrangements: • Joint custody gives both parents equal decision-making authority and custody time. Shared custodial arrangements are more heavily scrutinized than the normal, traditional joint custodial arrangement of joint legal custody with one party having sole physical custody and the other parent having visitation rights and paying child support due to the perceived difficulty of such shared arrangements working out in the long run. Great service, affordable price, and - what's really important - clear explanations of what is happening! A Petition to Modify Custody in Alabama should be filed in the county where the original custody case was decided. We know you need support and we are here to help! CONSULT THE SERVICES OF A DIVORCE ATTORNEY – The process to get joint custody of children … Alabama grandparents’ legal rights, guidelines, regulations, and rules of law allow you to ask for visitation, and temporary custody of your grandchildren. The retainers for a Petition to Modify Custody generally range from $2000 to $5000 or more, depending on your circumstances. The most common custody arrangement is joint custody. ... Because of these factors, experience with child custody matters allows an Alabama divorce attorney to better represent the client facing a custody battle. In an ideal circumstance, both parents will want to have custody of the children and will be happy to share join custody. Yes. Some of the factors the family court system will look at include: The parent’s agreement or lack of agreement when it comes to joint custody These factors include: How … and each parent, the living conditions of each parent, and more. Contact us today for a FREE Confidential Consultation from a Local Attorney. If she goes to file for temporary custody how does this work, and what happens on my end? Form PS–05 Page 1 of 2 Rev. For joint physical custody cases, a family court can award joint custody, whereby one parent is designated the primary custodian of the children and the other is the secondary custodian. Child Custody Statutes in Alabama. By filling out the Free Case Evaluation Form you will be contacted by an affiliated attorney from our company. important decisions in a child's life, including education and health care. Additionally, courts will consider the wishes of the child in custody matters. If your child's other parent has filed a lawsuit against you for custody of your child, you are going to be the defendant in that case. What do I do after I fill out my forms? Whenever possible, the court will encourage the parents to come to a mutual decision when it comes to the custody of their child or children in order to encourage positive communication and a positive relationship between the child or children and both of the parents. In Alabama, one parent’s proposed move reopens the question of who should get custody. 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. Under child custody law in Alabama, this does not mean both parents will spend an exactly equal amount of time with a child. Under Alabama law, joint custody is an option for separated parents, and the grandparents’ visitation rights are recognized. Parents may also request a combination of both joint physical and joint legal custody. My divorce is final now! The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. If the judge determines that there has been domestic abuse, the judge is supposed to assume that it is not in the child’s best interest for the abuser to get sole or joint custody. How to Make a Will Legally Binding Regarding Custody of Children By Cindy DeRuyter, J.D. Fortunately, we agreed on an online divorce! Reviewing the forms ahead of time can ease the stress. Alabama’s joint custody statute has clear definitions of joint legal custody and joint physical custody. Joint legal implies that both parents have the same rights when making Child custody cases arise when parents cannot agree on a plan for raising their children after a separation or divorce. A Petition to Modify Custody in Alabama should be filed in the county where the original custody case was decided. Alabama courts may give custody of the child or children to the mother or the father or they will, in the ideal situation, award custody to both parents. Additional Provisions — Physical Custody Attachment (Form FL-341(D)) Joint Legal Custody Attachment (Form FL-341(E)) See Going to Court to read more information about how to prepare for your court hearing. A father’s relationship with his children is a legal right. When it comes to deciding on custody, Alabama courts are always first and foremost guided by the best interests My divorce papers were completed in a timely manner and I had no troubles with filing. However, in Alabama, it is distinguished in two types: joint legal and joint physical custody. So that's why I used AlabamaOnlineDivorce and I was really satisfied. Alabama family courts will always assume that stability in the child or children’s lives is much more important to their well-being and upbringing than the constant changing of a child custody agreement. How child custody works in your state, find and use your county's family law court, find a good child custody lawyer, get help creating a parenting plan, and enforce a child custody … This is completely free and there is no obligation. Determining child custody can be a very stressful process. preferences regarding custody, evidence of domestic violence in the family, the relationship between the child Parents can mutually work out the details of joint custody and present a written agreement to the court for approval. parents have the right to spend a significant amount of time with the child, though not necessarily equal. How Courts Make Child Custody Decisions in Alabama Alabama child custody rules are set out in Title 30, Chapter 3 of the Alabama … You must pay a filing fee in cash or with a money … However, there are two different kinds of joint custody: joint legal custody and joint physical custody. 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