Child Custody
Alabama law follows a growing trend that favors joint custody of children. In recent years, many states, including Alabama, have started reframing the law to focus on joint parenting responsibilities and parenting time rather than the traditional approach, which placed children in one parent’s sole physical custody with the other parent merely visiting. Whether you are divorcing or simply separating a non-marital partnership, if children are involved, you should strongly consider hiring a skilled local family court attorney in Birmingham. When the lives and futures of small children hang in the balance, it’s no time to take chances.
Types of Custody in Alabama
In the State of Alabama, there are basically two ways that parents can have custody of minor children after separating or divorcing: sole legal custody or joint physical custody. Neither of these is absolute; if you have sole custody, you are not the only parent seeing the child, and if you have joint custody, it doesn’t necessarily mean “equal” parenting time. These are merely legal terms that have specific meanings, which you should understand before agreeing to either.
Despite common myths, sole custody does not mean that the non-custodial parent will be absent or never see the children. Indeed, in the vast majority of cases, the non-custodial parent will be granted liberal visitation with minor children. However, this arrangement is not the best option for parents who can get along well. It puts one parent in charge of decision-making. In other words, the non-custodial parent has little impact on deciding things like health care, education, religious upbringing, and so forth. So, when you hear “sole custody,” think sole decision-making and authority.
This is the preferred method of dividing parenting time in Alabama, where practical and where there is no strong reason to do otherwise. It should be noted that joint physical custody is not usually a good idea where there is a history of domestic violence, drugs, or serious criminal conduct. Under Title 30, Chapter 3 of the Alabama Code, child custody rules are laid out clearly. With joint custody, both parents share the right to make decisions about health care, education, and other major matters. But this doesn’t mean that actual parenting time will be identical. It can’t be, in fact. With an odd number of days in the year and in each week, one parent is always going to have more time than the other. However, with joint custody, parties can usually agree upon a schedule that works for everyone and disrupts the children’s lives as little as possible.
Custody Considerations
Anytime you are trying to negotiate a problem to resolve a dispute in court, it is best to start by understanding what factors the judge will consider if he or she must decide the matter for you. If a custody case goes before a judge for a ruling, the judge will consider a number of factors.
By working with an attorney well-versed in this area of law, you give yourself a better chance of success. The attorneys of Anderson Miller, LLC may be able to help you frame the situation in such a way that the judge will rule in your favor.
Alternatively, knowing the rules will give you leverage so that you can negotiate a better deal. Some factors the courts consider are:
- The safety of the children
- The children’s ages
- How well the parents get along and cooperate in parenting goals
- The relative ability of each parent to provide for the children’s needs
- Social, mental, and physical health of each parent
- The relationship that each parent has already developed with the children
- Preferences of the children if they are old enough to express them
- Court-appointed guardian ad litem recommendations
- Extended families
- Geographic proximity to friends, schools, other family members
- The potential impact of changes on the children
Keep in mind that these are just a handful of the statutory considerations that courts look at when deciding what is indeed in the best interests of a child.
Getting Legal Help Early
Sometimes parents try to go solo and handle a custody matter themselves. By doing so, they can make very critical early mistakes in their divorce or separation. For instance, a father may move out of his home, thinking he is making the situation better. However, by doing so he may lose the possibility of keeping the home and thus more time with the kids. The sooner a person hires a qualified child custody lawyer, the sooner that person can start making sound choices.
For help with your child custody matter, call Anderson Miller Law Firm today, and begin taking steps to maximize your parenting time and avoid losing out on the most important and crucial years of your children’s lives.
Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise.