Child Custody Lawyer

Child Custody Attorney Serving the Birmingham Area, Jefferson County, Shelby County and surrounding Alabama Counties

Primary and Joint Custody

There are several types of child custody in Alabama, but generally these two are the same. The courts will generally favor that custody remains with the mother. This is the tradition and is usually the status quo. However, the courts will look to see what is in the “best interest” of the children’s health and welfare. This can be argued by prior case law and the character and reputation of the parties. The courts will determine which parent is the fit and proper person to care for the children’s best interest and welfare. Unless there is substantial evidence of drug or alcohol use and an abuse of the children, generally the wife is awarded custody. Primary custody just means that the party has physical custody of the child. The language of the agreement or Final Divorce Decree usually spells out that the parties have equal say in the raising of the child. The non-custodial parent will have visitation depending on the age of the child. This is usually every other weekend and alternating holidays and birthdays every other year. There is a period in the summer months where the non-custodial parent will have an extended visit.

The parties are to communicate with one another concerning school, medical and dental issues and the overall best interest and welfare of the child. All expenses are to be divided on an equal share. It is important to include language about college expenses being divided equally in the Agreement or Order, otherwise one party may be stuck with these. Any change of phone numbers must be given to the parties. Additionally, if the custodial parent decides to move they must give written notice thirty days before the move in order for the non-custodial parent to object.

The other custody arraignment is shared custody. Each party will share custody of the child on an equal basis and no child support is paid. Call John Now 205-745-7053