grounds for child custody modification in alabama

When the other parent wants a modification and you disagree, you need to prepare to prove that altering the current arrangement is too disruptive and detrimental to your child. The factors a court considers include: 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. The non-custodial parent has a high burden of proof to meet. By Lina Guillen, Attorney. If you go to the court to try and modify the custody agreement and you cannot establish the three elements above, you will have wasted your and court’s time. The standard in Alabama was set in the 1984 case of Ex parte McLendon. Plus complimentary access to the divorce portal forum, and support groups. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Additional payment options are available in the divorce portal. A parent believes the child is neglected in the other parent’s custody. How the process is accomplished depends upon whether or not the other parent agrees to modification. Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. This is an appeal from a child custody case in Madison County, Alabama. One of the main reasons why a court will consider a child custody modification if the child is in immediate danger in the current household. If you have child custody modifications and you are not ready to call a lawyer, post them to our community discussion forum. There are many reasons why a custody arrangement established when a child was born or a young age would need to change as the child gets older. In addition to its own state child custody laws, Alabama is one of many states that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which dictate that each state must honor and enforce child custody determinations made by courts in other states. In Alabama, child custody is decided based on the best interests of the children. Child custody modification cases involving situations where divorced parents have joint legal custody, carry a strict and heavy burden of proof in order to obtain a change in custody. For a judge to approve a change in your current child custody order, you or the other parent must prove: This is a high hurdle. Experts agree that children of divorce typically fare better when both parents remain involved in their lives. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed. If the other parent agrees to make some changes, we can represent you in negotiating these changes outside of court or through mediation. Some reasons you may want to modify a child custody or visitation order include, but are not limited to: One parent moving out of state; You think your child is in danger; Failure to follow the current court order; and; Death or incarceration of the custodial parent. When you make a decision that affects the minor children, ask yourself if that decision is in their best … If you went from being the non-custodial parent to the custodial parent, then you may be owed support instead. Modifying child custody can be done, but it is difficult. Child custody cases can be complicated, both factually and emotionally. Although mediation is ideal, child custody cases rarely resolve outside of court. One parent moves further away from the parent or out of state. No matter which standard the court applies, it will need to consider the child’s best interests to determine whether to modify custody. You can also submit your questions to our discussion forum and receive answers form attorneys and other parents. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent’s home. The best way to increase your chances of getting custody of your minor children is to live the Alabama child custody law. Call us at (205) 255-1155 or use our online form to request a free consultation. If you have an existing court order for custody (conservatorship) and visitation and need to change it, then you must obtain a new court order. The nature and relationships of the parents and the people in their lives; The parents’ character, stability, and mental and physical health; The parents’ relationships with each other and the child; Any interference by either parent with the relationship between the other parent and child; The wishes of the child, if relevant based on age and maturity. from Birmingham School of Law and was admitted to practice law in 2003. Because everyone’s lives evolve, courts recognize that child custody orders need to be modified from time to time. That depends on the facts of your case. The benefits of altering the custody order outweigh the inherent disruption that results from the change. Once an Alabama court has decided a child custody issue, it is difficult to obtain a modification. 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 nature of the relationship between the parents; The nature of the relationship between the parents and other people in their lives; The character, stability, and mental and physical health of the parents. Many fathers in the state of Alabama feel frustrated that they do not have enough time with their child because of the current child custody set-up. Posted May 25, 2020 by Steven Harris | Divorce. There are many reasons why you or your child’s other parent may ask the court to modify the current child custody schedule, including: If you want to change your current child custody schedule, yet you are not sure your reason is a significant enough change in circumstances, then contact us at Alabama Divorce & Family Lawyers, LLC. Sharing is caring: Sometimes after custody is awarded circumstances with the parents change. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. Furthermore, no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. A parent’s new job results in a different schedule. A custodial parent may start working at night and leave the child at home alone. It is much better to fight from the beginning than to go back and try to change a pre-existing Alabama order. Naturally the needs of children change with age. Which standard applies? The parties agreed that the mother would not be required to pay child support because she only maintained part-time employment at the time of the divorce. Alabama applies either the McLendon standard or the Couch standard when deciding custody modification. Child Custody Modifications in Birmingham Child custody arrangements do not work forever. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. Alabama considers joint custody orders to be in the best interests of the child where possible. Grounds for Custody Modification. Child Custody Laws. 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 … In order to change child support (by itself – not in conjunction with requesting a change in visitation or custody) is governed by Rule 32(A)(3) of the Alabama Rules of Judicial Administration. In either case, we recommend hiring an experienced child custody lawyer to represent you. Whatever your current circumstances or your relationship with your co-parent, we are here to help. Updated: Apr 9th, 2015 If your ex-spouse's negative behavior is affecting your child, a court can intervene. Petition to Modify Child Custody in Alabama. If you are a co-parent and you believe it is time for the parenting plan to change, contact Alabama Divorce & Family Lawyers, LLC online or give us at a call at (205) 255-1155. August 8, 2018 The Rose Law Firm. Like other states, there are specific grounds for child custody modification in Alabama. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” As the child gets older, increased visitation or parenting time may be appropriate, or in case of continued abuse of the child or illicit substances, decreased visitation or parenting time may be appropriate. You are here: Divorce & Family Law >> Child Custody >> Modification Of Child Custody Orders Modification Of Child Custody Orders. The benefits of changing the previous custody order would offset the disruptive effect of the change in custody. You should absolutely speak with a lawyer about returning to court and altering the child support order. The Alabama State Bar requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This is a significant disruption to a child, however, there are many times when a father is better able to provide the child and offer a safe, stable, and loving home. Are you concerned about the welfare of your child or has the situation changed. Alabama law states that when a state court judge grants a divorce , “custody and education” of the children may go to either parent considering what is “right and proper,” “moral character and prudence” and the kids’ ages and genders. Maybe you don’t have custody of your child, but you want to have custody or at least joint custody with the other parent. 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