Child Custody Attorneys in Fairhope, AL

Navigating child custody determinations during a divorce or separation in Fairhope can be one of the most difficult challenges for families. Decisions regarding your children’s physical placement and caregiving arrangements will shape their lives and yours. You need experienced legal guidance to help you make the best choices for your kids during this emotional time.

At the law firm of Wilkins, Bankester, Biles & Wynne, P.A., our Fairhope family law attorneys provide compassionate yet steadfast support to clients facing child custody disputes. We understand the importance of securing fair custody rights that allow you to remain an active, engaged parent. Our extensive experience in this area of the law equips us to be strong advocates on your behalf throughout the process.

Types of Child Custody in Alabama

In Alabama, as in most states, child custody is categorized into two primary types: physical and legal custody.

• Physical Custody: This refers to where the child will primarily live. The parent who has physical custody is responsible for the child’s everyday care, which includes everything from feeding and clothing the child to being responsible for their general well-being and safety.
• Legal Custody: This refers to the decision-making rights regarding major life issues for the child. This can include decisions about education, health care, religion, and other significant matters. The parent with legal custody has the authority to make these important decisions, even if the child does not reside with them.

These two types of custody can be further broken down into Joint Custody and Sole Custody options.

Joint Custody can apply to both physical and legal custody. In the case of Joint Physical Custody, the child divides their time between both parents’ homes, although not necessarily on a 50/50 basis. Joint Legal Custody means both parents share the decision-making responsibilities for their child’s major life issues. It is important to note that even in cases of joint legal custody, one parent may still be designated the primary physical custodian.

Sole Custody, whether physical or legal, means that only one parent has the rights and responsibilities for the child. The noncustodial parent may still have visitation rights, but they do not share in primary caregiving or major decision-making.

When it comes to Primary Residential Custody, this term is often used in joint custody situations to denote the parent with whom the child spends the majority of their time. This parent’s residence is considered the child’s primary residence.

Factors Considered in Alabama Custody Cases

When it comes to making custody decisions in Alabama, the courts prioritize the best interests of the child. To that end, a number of factors are carefully evaluated to determine an arrangement that best serves the child’s well-being. Here are some of the primary considerations:

• Parent Involvement and Caretaking Duties: The court considers the roles each parent has played in the child’s life and their ability to care for the child. This includes looking at which parent has been primarily responsible for daily tasks such as getting the child ready for school, preparing meals, and attending to the child’s health and personal care needs.
• Willingness to Foster a Relationship with the Other Parent: The court values a child’s relationship with both parents and as such, it will consider each parent’s willingness to support and foster a positive relationship between the child and the other parent. This includes encouraging visitation, sharing important information about the child, and speaking positively about the other parent in front of the child.
• Child’s Preference: In Alabama, the court may consider the child’s preference regarding custody when the child is of sufficient age and maturity. This usually applies to older children who can coherently articulate a reasoned preference. However, the child’s preference is just one factor among many and is not the sole determinant of custody decisions.
• Impact of Domestic Violence: The court takes any history of domestic violence very seriously. If one parent has been abusive towards the other parent or the child, this will significantly influence the custody decision. In most cases, the court will restrict or deny custody to the abusive parent to protect the child’s safety.
• Other Relevant Factors: There are many other factors that can influence a custody decision. These can include the physical and mental health of the parents, the child’s emotional needs, the stability of the home environment, and the child’s involvement in school and the community.

Modifying Custody Orders in Alabama

Once a custody order has been established in Alabama, it is not necessarily meant to be permanent and unchangeable. The court understands that life circumstances can change, and adjustments may need to be made to reflect these changes in keeping with the best interests of the child. However, modifying a custody order is not a simple process and certain requirements must be met.

The court requires evidence of a significant change in circumstances before it will consider modifying an existing custody order. This significant change must have an impact on the child’s well-being, and the proposed modification must be in the child’s best interests. The court will not modify an order based on minor or inconsequential changes.

Here are a few examples of situations that might warrant a modification of a custody order:

• Relocation of a Parent: If the custodial parent plans to move a significant distance away, the court may reconsider the custody arrangement. The relocation could potentially disrupt the child’s life and the other parent’s ability to maintain a close relationship with the child.
• Changes in the Child’s Needs: As children grow, their needs change. For example, a teenager might require a different living situation than a toddler. If a child develops a medical condition that one parent is better equipped to handle, that could also constitute a significant change in circumstances.
• Changes in the Parent’s Circumstances: If a parent’s situation changes dramatically – for instance, if a parent loses their job, develops a drug or alcohol problem, or is incarcerated – these situations may necessitate a review of the current custody agreement.

Enforcing Child Custody Rights in Alabama

At times, it may become necessary to enforce your custody rights due to the other parent’s failure to comply with the court’s orders. Violations of these orders can create significant disruption and emotional stress for both the children and the parents involved. These instances can include failing to adhere to visitation schedules, not consulting on key decisions regarding the child, or even attempting to move out of state with the child without permission.

In these situations, it is crucial to understand that you have the right to seek enforcement of the court’s orders. Returning to court may be necessary to ensure that your rights, and more importantly, the best interests of your child, are protected. The court can enforce its orders through a variety of measures, including contempt proceedings and sanctions against the violating party.

At Wilkins, Bankester, Biles & Wynne, P.A., we have in-depth experience handling enforcement actions for child custody orders. Our seasoned attorneys are well-versed in navigating this complex legal landscape and can provide you with the effective representation you need in these challenging situations.

The rights of your child and your rights as a parent should never be taken lightly. If your custody order is not being respected, reach out to us as soon as possible so we can explore your legal options.

Contact Our Fairhope Child Custody Lawyers

For skilled guidance with child custody and all other family legal matters in Alabama, contact Wilkins, Bankester, Biles & Wynne, P.A. today by calling 251-928-1915 or sending us an online message. We are ready to go to work for you!