Going through a divorce is difficult, especially when children are involved. It’s important for each spouse to remember what’s most important -- your children and what’s best for them. Determining who will get custody of children can be a difficult decision and is one that should not be made lightly. Sole custody is when one parent has exclusive rights concerning their children and their care. This also gives them the ability to make any major decisions concerning their children such as education, medical care and religious practices. The judge in each case will have the final decision on child custody. Some judges presume that joint physical and legal custody and will award joint custody absent strong evidence against it. Other judges presume it is best for one parent to have primary physical custody and the other parent have visitation, unless there are very good reasons supporting joint custody.
Each state has its own set of child custody laws. In many states, including Alabama, the Uniform Child Custody Jurisdiction and Enforcement Act has been adopted. This means that the state of Alabama must honor and enforce child custody determinations made by courts in other states. Here’s how child custody laws work in Mobile, Alabama.
Child Custody Laws
Parenting Class
If you’re going through a child custody battle in a divorce in Mobile or Baldwin County, Alabama, then the judge will usually require you to complete a parenting class before granting the divorce and custody rights. The court does not look favorably upon a party who refuses to complete the assigned parenting class without court intervention.
Preferential Treatment
Contrary to popular belief, child custody laws in Alabama give the father equal opportunity to receive custody if it’s in the child’s best interest. In the past, preference was given to mothers, but now it is no longer automatically assumed that the mother is the best choice as primary caretaker of a child.
Joint Custody vs. Primary Custody/Visitation
If the co-parents show they can work together cooperatively, and the logistics of living arrangements are suitable (including schools if the child is school age), joint physical and legal custody can be the best of a bad situation for minor children. If the parents refuse to cooperate, or if they live far apart and the minor children are school age, it may be most beneficial for the children to be placed with a primary custodial parent and the other, non-custodial parent have periodic visitation. The court’s goal, and it should be counsel’s goal as well, is what is in the best interests of the minor child/children. Alabama’s state interest in both parents maintaining a positive relationship with the minor child/children is embodied in Alabama’s Parent-Child Relationship Protection Act.
Third Party Custody
Third party custody happens in child custody cases where an individual who is not the child’s biological parent tries to gain custody such as grandparents or other family members. During cases like these, the person has to prove why one or neither of the parents are fit to raise the child or children. This could include drug or alcohol abuse; child abuse; or negligence. If a child is already in the custody of a third party then their parent must prove that custody change would be best for the child’s well-being, and that the benefit from the change in custody will outweigh the disruption caused by uprooting the child.
Visitation
In Mobile, Alabama, the court has discretion when deciding visitation between parents and children. The court has the discretion to mandate visitation even if both parents agreed on a no-visitation policy. This is because of the state’s interest in the child maintaining a positive relationship with both parents, as well as the state’s interest in both parents supporting the child emotionally and financially. In the event that a child doesn’t want to go visit a parent due to claims that are not proven or factual, the court can order custody despite the child’s wishes.
Do you have questions regarding child custody in Mobile? Contact Sport Law today!
Attorney Jeffrey Sport can assist you in all of your family law matters. Contact our office today to begin consultation on your child custody rights as a parent or guardian.