Alex How do I file for custody of my child in Alabama?
In all cases, you will have to:
- draft or have someone draft a petition letting the court and the other party know what type of custody you are seeking and why;
- file your paperwork with the court and have the other parent served; and.
- pay a filing fee or request a fee waiver if you are low-income and cannot pay the fee.
How is child custody determined in Alabama?
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. Ala. Code § 30-3-1 (1975).
Can a child refuse visitation in Alabama?
Withholding Visitation is a Violation of a Court Order If you or your co-parent refuse to let the other parent exercise their parenting time rights, then that parent is acting in violation of a court order.
How is child custody determined in the state of Alabama?
If child custody is disputed, however, they will have to receive a child custody order from a Alabama judge, who will attempt to make a custody decision that is in the “best interests of the child”. In the state of Alabama, a number of factors are taken into account by the courts when determining who gets child custody.
When does a temporary custody order stay in effect in Alabama?
In the state of Alabama a temporary custody order stays in effect until the court finds a person that is eligible for permanent custody of the child.
Why are there so many questions about child custody?
Child custody is an emotional experience. It is also is a complicated area of the law, mainly because child custody laws vary from state to state. In this blog, we will cover some common questions people have about child custody, and below is an overview of those questions.
Can a guardian ad litem be appointed in Alabama?
Alabama does not have statutory authority for appointment of a guardian ad litem or attorney for a child specifically in child custody case. This person would usually advocate for the best interest of the child.
If child custody is disputed, however, they will have to receive a child custody order from a Alabama judge, who will attempt to make a custody decision that is in the “best interests of the child”. In the state of Alabama, a number of factors are taken into account by the courts when determining who gets child custody.
How to contact a family law attorney in Alabama?
You can contact an Alabama family law attorney if you would like legal assistance with a child custody matter. You can visit FindLaw’s Child Custody section for additional articles and information on this topic. Involved in a Custody Dispute?
Alabama does not have statutory authority for appointment of a guardian ad litem or attorney for a child specifically in child custody case. This person would usually advocate for the best interest of the child.
What are the rules for supervised visitation in Alabama?
Supervised visitation must take place in the presence of a third party, and sometimes that means visitation will be at a facility run by a state-sanctioned agency. (Ala. Code § 30-3-135.) However, if the potential for harm is minimal, the court might permit a trusted family member or friend to oversee the visits. (Ala. Code § 30-3-135 (e).)