Child Custody Archives

Nov 17, 2020 | By Antonia DeFeo | Read Time: 4 minutes

What Are the Grounds for Child Custody Modification in Alabama?

If you or your co-parent plans to seek a modification of child custody in Alabama, you should consult with an experienced Birmingham, Alabama child custody lawyer to determine what you need to do to protect yourself and your child. Like other states, there are specific grounds for child custody modification in Alabama. How Child Custody Modification Works in Alabama After an initial child custody order, either parent may petition the court to seek a modification of custody if certain conditions are met. Whether you are the non-custodial parent seeking joint or partial custody or you have joint custody with a co-parent who is derelict in their parenting, you have the right to seek a modification so long as changing the custody order is in the best interests of the child. Grounds for Custody Modification In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: There has been a material or substantial change in circumstances that affect child custody; It is in the best interest of the child to modify the previous custody order; and The benefits of changing the previous custody order would offset the disruptive effect of the change in custody. To successfully modify an Alabama child custody order under McLendon, you must establish all three conditions. This is a relatively high standard to meet. Under the Couch standard, the court considers only whether custody modification is in the best interest of the child. Which standard applies? That depends on the facts of your case. If the current custody order provides joint custody, the court will apply the Couch standard to a request to modify. Conversely, if one parent has primary custody and the non-custodial parent files to modify the current custody order, the court will apply the McLendon standard. Factors That Influence Child Custody Modification No matter which standard the court applies, it will need to consider the child’s best interests to determine whether to modify custody. The factors a court considers include: The child’s needs, age, and health; The wishes of the child, if applicable based on age and maturity; The nature of the relationship between each parent and the child; Any interference by either parent with the relationship between the other parent and child; The parents’ ages; The nature of the relationship between the parents; The nature of the relationship between the parents and other people in their lives; Each parent’s home environment; and The character, stability, and mental and physical health of the parents. The court will take into account the testimony and evidence submitted related to any of the above factors. If the court determines that it is in the best interest of the child to do so, it will issue a custody modification order. Process to Modify Child Custody If you or your co-parent seeks to modify the current child custody order in place, you are probably curious about what the modification process looks like. If custody was initially determined during divorce proceedings, a modification will typically be filed in the same court. If custody is determined outside the context of a marriage, a claim for modification will be heard by a court in the jurisdiction where the child has lived for at least six months prior to the filing of the complaint. To seek modification, a parent must first file a complaint in the correct jurisdiction. This complaint will outline the reasons custody should or can be modified. After the other parent is served with the complaint, they have typically 30 days to respond. Once the complaint and response are filed with the court, the parties will participate in discovery, including potentially sitting for depositions. After discovery, some judges require the parties to complete mediation. Mediation is the process by which parties attempt to resolve the dispute outside of court. If successful, mediation saves the parties both the added time and cost of litigation. Although mediation is ideal, child custody cases rarely resolve outside of court. Custody modification tends to be a contentious issue and rarely allows for compromise. In such cases, the parties will argue their respective views and present supporting evidence in court. It is then up to the judge to determine whether modification is allowed under Alabama law. How an Alabama Child Custody Lawyer Can Help Child custody cases can be complicated, both factually and emotionally. It is important to understand the Alabama laws governing child custody, particularly the grounds for custody modification. Hiring an experienced attorney who can help you navigate the domestic court system and explain the grounds for child custody modification in Alabama is a good first step to fighting for your child’s best interests. Contact the Dagney Johnson Law Group The Dagney Johnson Law Group has been representing individuals in Alabama for almost 40 years. We understand that child custody cases can be complicated and gut wrenching. We can help you prepare evidence to establish grounds for child custody modification or to argue against it. We will be there to represent you and your family in court, and we will do our best to ensure that you get the best outcome for your case. Contact us today for a free consultation. One of our attorneys will speak with you about your case and determine whether we can represent you.

Nov 17, 2020 | By Antonia DeFeo | Read Time: 2 minutes

Child Custody

Termination of Parental Rights in Alabama: What You Should Know

Although parents have strong protection when it comes to their parental rights, multiple Alabama situations may justify terminating parental rights. Alabama law outlines the proper procedure for terminating the parental rights to a child, which include the right to child custody and the right to make decisions for the child. The court in Alabama may terminate a parent’s rights if they fail to support, encourage, or protect their child. An experienced Birmingham child custody attorney can provide assistance to protect and defend you if you are facing termination of your parental rights in Alabama. What Termination of Parental Rights Mean When a parent expresses no desire, intent, or ability to care for their child, the court may order parental rights termination. When parental rights in Alabama terminate, the parent no longer has the right to be involved in raising the child or to make decisions for the child. A parent who loses or signs over their parental rights no longer has the right to have any contact with their child, whether in person or by phone, mail, or computer. They also lose their right to any information about their child, including medical information and educational records. If you are facing termination of parental rights, contact a family law attorney to discuss your rights. Grounds for Termination Termination of parental rights in Alabama may be voluntary or involuntary. Whether involuntary or voluntary, the court determines what is in the child’s best interest. If it determines that termination would be in the child’s best interest, termination of parental rights in Alabama will likely occur. Voluntary termination of parental rights involves one parent signing over parental rights in Alabama. When granted, the termination ends the relationship between the parent and child. There may be several reasons a parent might agree to a voluntary termination of parental rights. For example, They want to allow someone to adopt the child; They know they cannot care for the child; or They want to be able to stop paying child support. The parent requesting parental rights termination must prove to the court that their request is in the child’s best interests. Involuntary termination of parental rights occurs only in the most severe cases. Grounds for involuntary termination of parental rights in Alabama include the following: Abandonment of the child; Long-term mental or emotional illness; Long-term alcohol or substance addiction; Abuse or neglect; Sexual offense; Failure to support a child; and Long-term incarceration caused by a felony conviction. The Department of Human Resources (DHR) must prove that termination of parental rights serves the child’s best interests by clear and convincing evidence. The DHR presents evidence that the parent is unable or unwilling to care for their child and will be unable or unwilling to parent their child for the foreseeable future. Additionally, there must be no viable alternative other than to terminate parental rights. How Can an Attorney Help with Termination of Parental Rights in Alabama? If you feel you’ve suffered wrongful termination of your parental rights, act quickly to assert your rights. Every termination of parental rights in Alabama is different. Each case involves specific, individual circumstances. For over 40 years, the attorneys at The Dagney Johnson Law Group have provided compassionate legal services to all clients. Contact our office today for a free consultation to review your case.

Sep 15, 2020 | By Antonia DeFeo | Read Time: 4 minutes

Child Custody

A Brief Guide to Alabama Child Custody Laws

Whether you are looking to file for divorce or break off a non-marital relationship, things can get complicated and emotional when there are kids involved. In Alabama, family courts will do their best to keep both parents as involved in their kid’s lives as possible, but the ultimate deciding factor is what is best for the child. Before you begin the legal process, it is a good idea to have an idea of how a judge can divide custody and parental rights, and what factors they consider before issuing a child custody order. In Alabama, Joint Custody is Preferred As stated above, Alabama courts primarily prefer that both parents share the rights and responsibilities of raising their child and approach each custody situation with that in mind. State policy encourages that children have frequent and meaningful contact with both parents, especially when the children are still younger. As long as each parent shows that they are able to handle parental responsibilities, this is the preferred approach to a legal custody arrangement. Of course, one parent may be granted all custody rights under necessary circumstances. Physical Custody v. Legal Custody Parental rights are divided into two basic groups: the right to physical custody of the child, and legal custody. With the first category, it is important to note that joint physical custody does not mean 50/50 possession. School and work schedules, holidays, and geographic distance often makes equal custody unfeasible, so one parent will receive primary physical custody. Legal custody refers to the set of rights and responsibilities that come with parenthood such as educational, medical, religious, and moral decisions. If joint custody granted, each parent possesses equal rights in legal custody decisions. Factors That Courts Consider When Making Custody Decisions Physical possession is rarely (if ever) divided 50/50 by a family court in Alabama. Instead, the judge takes a number of factors into account to determine what schedule would be in the best interest of the child. These factors include: Gender and age of each child. Alabama is one of the few states that still considers gender an important consideration, most others no longer do this. The particular characteristics and needs of the child, including emotional, social, moral, material, and educational needs. Each parent’s capacity of and interest in providing for those needs. The home environment of each parent. Current living arrangements and whether a change would be unnecessarily disruptive to the child. The age, living stability, character, physical health, and mental health of each parent. The interpersonal relationship between each parent and each child. The child’s preference, if they are mature enough to express one. This is by no means an exhaustive list. Contentious custody battles may require reports or recommendations from expert witnesses, such as social workers or child psychologists. If one parent has a criminal record, a history of domestic violence, a history of drug or alcohol abuse, a court may be more inclined to severely limit one parent’s custody. For example, they may award one parent sole physical custody and the other visitation rights. All of the relevant facts in the case are weighed holistically with the best interest of the child as the ultimate goal. Can I Change a Custody Order? Yes. Custody modification can happen, if there is a change in one or both parent’s circumstances. Essentially, the parent looking to modify an order needs to be able to show a material change in circumstances regarding the child, and must also be able to show that modifying custody would promote the child’s best interests. Custody Orders and Relocation One of the most common modification situations is when the parents with primary physical custody wants to relocate. If the move is not geographically significant, this is usually not a problem as long as proper notice is given. But if the relocation is more than 60 miles, the relocating parent must provide notice to the other at least 45 days ahead of time, with the non-relocating parent then having 30 days to file an objection with the court. For those moving to Alabama, the state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (often shortened to UCCJEA). It dictates that each state must honor and enforce child custody determinations made by courts in other states. For example, a valid custody order issued by a Texas court can be enforced by an Alabama family judge with no need to obtain an entirely new custody agreement. Do I Need an Attorney When Facing a Child Custody Issue? Child custody cases can be stressful and emotional legal matters that have an impact on families for years to come. Seeking the services of an Alabama family law attorney is the best way to ensure that your rights are represented, whether you are looking to establish a custody agreement or modify a current custody order. At Dagney Johnson Law Group, we are a small family firm that has represented Alabamians for over 40 years. Located in Birmingham, we want our clients to feel comfortable and cared for throughout the legal process. Call us at (205) 937-6564, or fill out our online contact form to set up a consultation. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Sep 15, 2020 | By Antonia DeFeo | Read Time: 3 minutes

Child Custody

Alabama Child Custody Laws for Unmarried Parents

When a couple decides to end their relationship, they have to deal with very personal issues on a legal level. If they have children, the important decisions concern custody, visitation, and financial support. These issues apply to unmarried couples as much as they do to divorcing couples, and the decision making process is much the same. So how does the state of Alabama award custody to unmarried parents, and what guidelines do they use? The Basics of Alabama Custody Law When awarding custody to unmarried parents, the legal standard that drives decision making is what is in the “best interest of the child.” Alabama family law puts emphasis on allowing both parents to share the rights and responsibilities of raising their children and maintain a nurturing relationship, no matter what their marital status is. This means that courts are more likely to award joint custody. However, this doesn’t always mean that each parent gets equal physical custody of the children. School schedules and other circumstances often mean that one parent is the primary caretaker and will be awarded a larger percentage of physical custody. Custody Considerations and Factors In Alabama, child custody may either be granted to unmarried parents jointly, or to one parent solely. Because Alabama law assumes that joint custody is in the best interests of the children, a judge will consider joint custody in every case. In rarer cases, circumstances may dictate that only one parent should have the custody, based on a number of factors. These include: The gender and age of the child The safety and well-being of the child The child’s emotional, moral, material, and educational needs, and each parent’s ability to meet those needs Parental characteristics including age, stability, and mental/physical health The relationship between each parent and the child, and the level of cooperation between the parents If the child is of sufficient age and maturity, their stated custody preference This is by no means an exhaustive list, but are amongst the most commonly considered factors a family court looks at when deciding the custody situation between unmarried parents. Can a Court Order Sole Custody? Under the right circumstances, yes. Sole legal custody is when one parent has exclusive rights and responsibilities to make major decisions concerning the child, and sole physical custody is when a child lives exclusively with one parent. A judge may award visitation rights to the other parent. If one parent has a history of substance abuse, trouble with the law, domestic violence, or an unstable living situation, a judge is far more likely to award sole custody. Do I Need an Attorney if I’m an Unmarried Parent Dealing with a Custody Issue? Child custody matters can be stressful, and unmarried parents may face extra complications. Seeking the services of an Alabama family law attorney is the best way to ensure that your rights are represented, whether you are looking to establish a custody agreement or modify a current custody order. At Dagney Johnson Law Group, we are a small firm family that has represented Alabamans for over 40 years. Located in Birmingham, we want our clients to feel comfortable and cared for throughout the legal process. Call our firm at (205) 937-6564, or contact us online to set up a consultation. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.