Divorce Alabama Custody

Divorce Papers > Divorce Custody > Divorce Alabama Custody

Child custody in Alabama is preferably given to both partners. That is, the court may issue orders for joint physical parenting and joint legal parenting without the consent of the partners. The best interests are looked upon as a primary consideration. The spouses who are applying for child guardianship in the court must be acquainted with state laws regarding custody.

Factors that influence the Divorce Alabama Custody

There are many social and economical matters that decide the final solution over child related issues. The court ponders over the following issues while determining who should be awarded child guardianship in this state.

• The interpersonal relationship between each parent and the child.
• The ability and concern of each parent to fulfill the educational, emotional and other requirements of the child.
• The features of each parent requesting for legal rights on the child, inclusive of the following:
  • Physical health
  • Mental health
  • Stability
  • Character
  • Age
• A homely and secure atmosphere that can be offered by each parent.
• The educational, material, and social needs of the child including any special requirements.
• The age and sex of the child
• Whether there is any recommendation or report from any independent investigator or any expert witness?
• If the child is of adequate age and maturity, then the preference of the child.
• If the present custodial status is continued or disrupted, what would be the impact on the child?
• The interpersonal relationship of the child with other children, peer groups and relatives.
• Available options for the welfare of child.
• Whether there is any evidence that reveals any issues relevant to the topic?

This state has embraced UCCJEA or "Uniform Child Custody Jurisdiction and Enforcement Act." This act talks about the legalities involved during child visitation and related issues. Accordingly, the following points are observed in this state.

• It is possible to file for child guardianship solely in the home state of the child. Home state implies where the child has resided for minimum 6 consecutive months with a parent or person acting as a parent. If the child is less than 6 months old, then the home state indicates the state where the child has resided since birth.
• The state acknowledges the Federal Full Faith and Credit Law for Custody. This law states protection orders are to be followed to ensure the safety of victims of domestic violence. Thus, if any state issues protection orders, the divorce court will continue them without any litigation.
• The state does not supersede the jurisdiction of some other state.
• Let us consider that there is a court order from some country, other than the United States. If this order significantly matches the jurisdictional standards of the state law in this state, then the courts in this state would recognize and enforce the order from the other country.

If the custodial parent is considering relocation to a place that is more than 60 miles away from the non custodial parent, some legalities are to be followed by such parent. In 2003, Alabama passed a statute to handle this issue, and as per this statute the following points are to be adhered to –

• The custodial parent must provide a notice to the non custodial parent in this regard.
• The non custodial parent is empowered to object the relocation and arrange a hearing regarding this issue.
• If the court finds out that the relocation described above is contrary to the best interests of the child, the court may issue a stay order for the same according to this statue.

This state observes the McClendon rule when the issue of modification of court orders props up.

• The court will think of modifying the order only when there is an enforcing reason to do so.
• The parent seeking an alteration must prove that a change would materially promote the best interest and welfare of the child.
• This parent must also demonstrate how a modification would bring about betterment in the conditions than the present situation in the child's life.

Visitation and Child Support Laws

Alabama court treats visitation and child support as two different issues. Therefore, no parent having legal rights of the child can restrict the visitation of other parent for absence of child support payment. Similarly, child support orders will not have an influence on the visitation schedule. The parent has to apply separately for modification of these two issues.

Divorce Papers