Child Custody Visitation

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Divorce Lawyers in Huntsville, Alabama

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The best interests of the child are the most important consideration in determining child custody and visitation in Alabama. Because joint custody is presumed to be in the best interests of the child(ren) in Alabama, the judge shall consider joint custody in every case. This can be different in other states, so you should speak to custody lawyers near you to be certain. If both parents request it, joint custody shall be ordered unless the court makes a specific finding as to why it should not be so ordered.

Alabama law recognizes three forms of custody: temporary custody, physical custody, and legal custody. Alabama courts prefer to order joint custody whenever possible, but many factors can be taken into consideration, and courts are always able to deviate if it is in the best interest of the children to do so. A court can consider several factors when deciding custody issues, including the following inconclusive list:

• The parents’ wishes as to the type of custody that should be awarded,
• The parents’ ability or willingness to jointly make decisions in the best interest of the child (or children),
• The distance between parents’ homes, if it would present issues regarding a joint custody arrangement,
• The ability or willingness of each parent to encourage and foster love and respect for the other parent; and
• The best interest of the child (or children).

Temporary Custody

When a couple files for a contested divorce, a temporary child custody order is entered by the court. After a divorce, the marital agreement includes a final custody and visitation order.

Legal Custody

The final marital agreement will include a legal child custody order. Joint legal custody means that both parents make the major decisions that affect a child (or children). The courts look for a cooperative attitude between the parents to ensure that the decisions will be made jointly and in the best interest of the child (or children).

Physical Custody

The final divorce agreement includes a physical custody order. Physical custody determines where the child resides and when the child visits the other parent. The majority of child custody orders issued by Alabama courts include joint legal and joint physical custody.

Grandparent Visitation in Alabama

According to the new law, if a parent related to the grandparents has lost legal custody or voluntarily given up legal custody of the child, or if they have financially abandoned the child, there are specific requirements for the grandparents to seek visitation rights. In such cases, the grandparents must be able to demonstrate that they have an established relationship with the child. Moreover, they need to show that allowing visitation would be in the best interests of the child. These additional considerations ensure that visitation is not granted automatically but rather depends on the existing bond between the grandparents and the child as well as the overall welfare of the child.

Grandparents can file for visitation under several conditions. Firstly, if one or both of the child’s parents have passed away, grandparents are eligible to initiate original actions for visitation. Additionally, if the parents are divorced, grandparents have the right to file for visitation. Another circumstance that permits grandparents to seek visitation is when one of the parents has abandoned the child. In the case of a child being born out of wedlock, grandparents are also granted the opportunity to file for visitation. Lastly, if one parent exercises their rights to prevent a relationship between the child and the grandparent, the grandparent can take legal action for visitation. Furthermore, grandparents are allowed to intervene in ongoing actions related to the custody of the child, such as divorce or termination of parental rights cases, to assert their visitation rights.

The court can consider several factors when deciding custody issues, including the following inconclusive list: (1) the parents’ wishes as to the type of custody that should be awarded; (2) the parents’ ability or willingness to jointly make decisions in the best interest of the child (or children); (3) the distance between parents’ homes, if it would present issues regarding a joint custody arrangement; (4) the ability or willingness of each parent to encourage and foster love and respect for the other parent; and (5) the best interest of the child (or children).

Additionally, the court will consider the following factors, among others, when deciding whether or not visitation should be allowed, as stated in their article: (1) the willingness of the grandparents to encourage a relationship between the child and parent; (2) the child’s preference, assuming the child is of sufficiently mature age; (3) the mental and physical health of the child; (4) the mental and physical health of the grandparents; (5) evidence of domestic violence in the child’s home; and (6) parental preference.

These factors provide a more thorough examination of the various aspects that the court takes into account when considering visitation, ensuring that the decision is made in the best interest of the child, taking into account their well-being, the dynamics between parents and grandparents, and any evidence of potential harm or violence. By considering both the general custody factors and the specific visitation factors, the court aims to make a comprehensive determination that promotes the child’s welfare and facilitates a healthy relationship with all parties involved.

Visitation

In most cases, the non-custodial parent will be granted some form of visitation with the child or children. The most commonly referred to as “standard visitation” includes overnight visits every other weekend and a period of 5 or 6 weeks in the summer. Generally, the parties will alternate holiday visits between even and odd years.

It is important to note that child support and visitation are not directly linked together. You cannot withhold visitation if the non-custodial parent fails to pay child support. Failure to pay court-ordered child support is a breach of the court order, but so is failure to allow visitation. If the non-custodial parent fails to make child support payments, the remedy is for the custodial parent to file a Rule Nisi or Contempt Petition. The same remedy is available if the custodial parent denies visitation to the other parent.

How is child custody decided in Alabama?

In Alabama, child custody is determined through a detailed process that takes into consideration various factors. Child support is calculated based on the gross income of each party before deductions. Additionally, costs for daycare and medical insurance are factored in to arrive at the final child support amount. It is important to note that child custody decisions involve a separate set of considerations, such as the child’s age, needs, relationships with parents, home environments, and the potential impact of custody changes on the child’s well-being. The court may also take into account the preferences of children, expert testimony, and the presence of domestic violence when determining custody arrangements.

How do experts play a role in child custody cases?

Expert testimony plays a crucial role in child custody cases by providing specialized information and insights that can aid the court in making informed decisions. This testimony can be particularly valuable in cases involving allegations of domestic violence, as experts can help assess the impact of such violence on the child and provide recommendations on custody arrangements. Additionally, experts can weigh in on factors such as the child’s well-being, developmental needs, and the ability of each parent to provide a safe and nurturing environment. Through expert testimony, the court gains access to professional opinions and assessments based on specialized knowledge, which can contribute to a more comprehensive understanding of the family dynamics and the best interests of the child.

What are the different types of custody arrangements in Alabama?

Alabama law recognizes three forms of custody: temporary custody, physical custody, and legal custody. Temporary custody may be granted in situations where a more permanent arrangement is still being determined. Physical custody refers to the parent with whom the child primarily lives, while legal custody involves decision-making authority for important matters concerning the child. Alabama courts generally favor joint custody arrangements, aiming to involve both parents in the upbringing of the child whenever feasible. However, the ultimate decision on custody arrangements considers various factors, prioritizing the best interests of the children above all else.

How do parents modify a child custody agreement in Alabama?

In Alabama, custody matters are governed by state law, which recognizes three primary forms of custody: temporary custody, physical custody, and legal custody. When parents find themselves needing to modify their custody agreement due to changing circumstances, it is important to understand the legal process involved. To initiate a change in custody, individuals must file a motion with the court, seeking a determination on whether the proposed modification is in the best interests of the child. The court considers various factors when deciding custody issues, such as the child’s well-being and the parent’s ability to provide a stable environment. While physical custody determines where the child resides and visitation schedules, it is crucial to note that child support and visitation rights are independent matters. If a parent fails to meet their child support obligations, the custodial parent can seek legal recourse by filing a Rule Nisi or Contempt Petition. Similarly, if visitation is wrongfully denied, the custodial parent can utilize the same legal remedies. Understanding the legal steps involved in modifying a custody agreement is essential to ensuring a smooth transition that prioritizes the child’s welfare.

How is child custody determined in Huntsville, Alabama?

• 1. Does the court use any other specific information when determining child custody in Alabama? Yes, besides the standard factors, the court can use additional relevant information such as expert testimony to aid in their decision-making process.
• 2. What additional information might the court consider in making a custody decision in Alabama? The court may consider any relevant information, including expert testimonies, to make a well-informed custody decision.
• 3. How does domestic violence impact custody decisions in Alabama? In cases of domestic violence, the court may deny custody or visitation rights to the parent who committed the violence, prioritizing the child’s safety.
• 4. How are the child’s preferences considered in custody decisions in Alabama? The preferences of the child are taken into account based on their age and maturity, allowing them to express which parent they prefer to live with.
• 5. What specific factors do judges consider when deciding custody in Alabama? Judges consider a variety of factors including the child’s age, gender, a range of needs like educational and emotional, each parent’s home environment, the parties’ age, character, health, and stability, and the existing relationships between the child and each parent.

Why hire Ferguson & Ferguson?

If you are considering a divorce in Decatur or Huntsville, Alabama, we are here to help. We have offices conveniently located in downtown Decatur and Huntsville. Call now. Call 256-534-3435 or 256-350-7200.

Huntsville office location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601