Custody and Visitation - Smith Law Firm

Child Custody Arrangements for Young Children

Alabama law allows 20 days for divorcing parents to voluntarily arrive at a decision regarding the physical and legal custody of their children. But this is easier said than done. Decisions regarding child custody and visitation are often emotionally charged and adversely affected by the resentment both parties may share toward each other.

A skilled child custody attorney in Alabama can play a pivotal role in helping you and your ex-spouse arrive at a decision that you wish for while ensuring that your children’s best interests are met as well.

Custody Laws in Alabama

There are two types of custody – legal and physical custody. Legal custody gives the decision-making right to the parent while physical custody allows the child to reside with that parent.

As per Ala. Code § 30-3-150, the law favors joint legal custody over sole custody. The court wants children to have continuing and frequent contact with both their parents. The court also wants to enable the parents in sharing the rights and responsibilities of raising the child.

The court usually considers the potential for joint legal custody and may award it even if the parents don’t consent to it pursuant to Ala. Code § 30-3-152 (b). The law presumes that awarding legal custody to both parents is in the best interests of the child. In case the judge doesn’t find joint custody to be appropriate, the court will create an alternative custody plan which in the child’s best interests.

In regards to physical custody, the judge will consider several factors as listed under Ala. Code § 30-3-152 (a). The judge may offer physical custody to a single parent if both parents live far from each other and joint physical custody may interfere with the child’s social activities and negatively impact their education.

Alabama’s Legal Standard Regarding the Child’s Best Interests

The controlling element in a court’s award of custody is within the concept of “the best interests of the child.” These are a few factors that a judge will look at while determining the best interests of a child:

  • Age and gender of the child
  • Agreement between parents
  • Ability of each parent to support the child’s mental, educational, emotional, and material needs
  • Parent’s home environment
  • Nature of a child’s relationship with the parent
  • Parent’s stability, age, and physical or mental health
  • Nature of the child’s relationship with the siblings
  • Impact on the child regarding a change to an existing custody arrangement
  • Recommendation of experts
  • Other factors pertinent to custody under Ala. Code § 30-3-152

The court considers a child’s preference, but only where the child is of sufficient maturity and age. In general, the court lays more weight on the custody preferences of older children.

Visitation Rights in Alabama

Custody rights and visitation rights are different. Parents that want to retain visitation rights will have a limited time period to spend quality time with their children. Visitation can be limited to supervised visits in certain cases.

Parents with visitation rights can obtain custody rights later. In relation to this, they will need to prove that their decision-making capabilities and living arrangements are in the best interests of the children.

Joint Custody vs. Sole Custody

Alabama Code § 30-3-150 clearly sets out the State’s preferential stated policy. The court generally prefers joint custody over sole custody since it allows the children to have continuing and frequent contact with both their parents. This is especially the case for young children.

Parents need to display the ability to act in the best interest of their children. They also need to encourage each other to share in the responsibilities of raising their children once the parents are divorced or separated.

The statute cautions that it’s not necessary for both parents to have an equal amount of physical custody in joint custody. Even where joint custody is granted, one parent may be made the primary custodian of the child and the other party granted visitation rights.

The Importance of Hiring a Qualified Child Custody Attorney

You should not attempt to navigate child custody issues on your own. Custody depends on a wide array of factors that need to be weighed together and alone. A qualified divorce attorney in Alabama can help you determine the grounds on which you can seek custody and whether you will be successful in your pursuit or not.

The court prefers that parents agree to a visitation and custody schedule. In most cases, the court grants the agreed-upon custody schedule. An attorney can help you create a schedule that is in the best interests of the child while allowing you and your spouse frequent and continuing contact with the child.

The judge will determine a custody and visitation schedule if you are unable to come to an agreement. While there is no standard visitation schedule for the State of Alabama, different counties have maintained such standard schedules and frequently use them.

Talk to a Skilled and Knowledgeable Child Custody Attorney – Book Your Free Consultation Today

The experienced child custody attorneys at the Smith Law Firm can help you navigate through a child custody or visitation dispute. Our attorneys are dedicated to providing compassionate yet results-oriented legal guidance to parents with child custody disputes and questions.

We are happy to provide you with a free case evaluation. Call us at 334-377-1674 or reach us online.