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. Homepage » Child Custody Lawyers in Birmingham, AL » Modification of Child Custody in Alabama. A child’s best interests are always the primary factor in custody decisions. We will guide you through this process and assist you in seeking the best possible arrangement for your child. This petition must be filed in order to obtain a court order for child custody in the state of Alabama. Experts agree that children of divorce typically fare better when both parents remain involved in their lives. If you pay child support, but your amount of physical custody has increased, you may need to ask a court to decrease your obligation, though this is not guaranteed. 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. 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. If you are a dad and you believe it is time you gained a greater amount of physical custody or you want full custody of your child, call us right away. If you can demonstrate to the court that the child’s needs have changed, you may have grounds for a custody modification. A change to custody may be appropriate if a custodial parent’s move will drastically reduce the parent’s time with the child, the child’s relationship with siblings or half-siblings, or the child’s relationship with a non-custodial parent or extended family. Modify Child Custody or Visitation in Alabama. 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. Maybe you don’t have custody of your child, but you want to have custody or at least joint custody with the other parent. The best way to increase your chances of getting custody of your minor children is to live the Alabama child custody law. Grounds for Child Custody Modification in Alabama The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. 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. The court can look at numerous factors when deciding whether a change is the best thing for your child’s health, safety, and well-being, including: The judge wants to establish a parenting plan that is the best possible arrangement for your child. Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: To successfully modify an Alabama child custody order under McLendon, you must establish all three conditions. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent’s home. In either case, we recommend hiring an experienced child custody lawyer to represent you. Our attorneys at Alabama Divorce & Family Lawyers, LLC are highly experienced in child custody modification cases. This is a relatively high standard to meet. But if the parents cannot agree on the changes, 1 of the parents must file papers with the court asking for a change (a “modification”) of your current child custody and visitation order. Child Custody Laws. 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 Whitehead v. Whitehead, decided by the Alabama Court of Civil Appeals on February 12, 2016, the Court does a really good job of explaining the two standards for custody modification. Some of the factors considered by Alabama in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence. 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. 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. 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 repeatedly chooses not to follow the current parenting plan. That will be a custody schedule in which the child can thrive in a nurturing and loving environment while also maintaining close and healthy relationships with both parents. 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. Primary physical custody of the children was awarded to the father. Once an Alabama court has decided a child custody issue, it is difficult to obtain a modification. If you have child custody modifications and you are not ready to call a lawyer, post them to our community discussion forum. 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. The non-custodial parent can request a change in custody with the help of a Nampa divorce attorney. In Alabama, as well as most other states, you have the ability to modify custody under certain circumstances. 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. Customized divorces and complex cases can range from $5,000 to more than $100,000, depending on a variety of factors, such as case complexity, assets, and child custody. Call us at (205) 255-1155 or use our online form to request a free consultation. If a judge determines the reason for you or the other parent’s modification request is substantial enough, the next step is for the judge to decide if changing the custody schedule is in the best interests of the child. In Alabama, there is a specific provision in the custody law that states that if the wife has abandoned the husband, the husband will have custody of the child after the child reaches the age of seven. The standard in Alabama was set in the 1984 case of Ex parte McLendon. In 1984, the Alabama Supreme Court established a rule, called the McLendon standard, by which petitions for custody modifications should be reviewed; if the original order was not one for joint custody, and the noncustodial parent seeks to modify the order, then that parent must establish that the positive good brought about by the modification must more than offset the inherently disruptive effect caused … Reasons to modify child custody in Alabama include a parent moving out of state, neglecting parental duties, the child is in danger, and more That depends on the facts of your case. If your child's other parent has filed a lawsuit against you for custody of your child, you are going to be the defendant in that case. You need to have a child custody plan in place that is manageable for both you and the other parent. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. When your time with your child decreased and you already paid support, your child’s other parent may ask for an increase in your obligation. Essentially, the court can modify your child support obligation if there is a substantial and continuing change in circumstances that would result in a 10% change from your current obligation. After the other parent is served with the complaint, they have typically 30 days to respond. Plus complimentary access to the divorce portal forum, and support groups. Modification of child custody. Changes in the custodial parent’s lifestyle which threaten or harm the child are also grounds for modification. The law conditions the custody decision on a judge finding that the husband is … The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. Under the Couch standard, the court considers only whether custody modification is in the best interest of the child. It is much better to fight from the beginning than to go back and try to change a pre-existing Alabama order. Copyright © 2021 Alabama Divorce & Family Lawyers, Clergy, Teacher, and Other Institutional Abuse, Child Support After the Death of a Parent, Effect of Financial Windfall on Child Support, When Child Support or Alimony are Not Ordered. They may begin drinking heavily or abusing drugs making them unable to care for the child. Virginia Code § 20-108 allows for modification of a custody or visitation order when (1) there has been a material change of circumstances and (2) it is in the best interest of the children to modify custody or visitation. If you want to change your order, you and the other parent will probably have to meet with a mediator to talk about why you want the order to change before you go to the court hearing. 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. 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 EX PARTE MCLENDON STANDARD IS USED IN CHILD CUSTODY MODIFICATION CASES. You should absolutely speak with a lawyer about returning to court and altering the child support order. If the changes are substantial enough though, the judge may change who the custodial guardian is. To seek modification, a parent must first file a complaint in the correct jurisdiction. Courts are loath to disrupt the status of a child's custody situation. It is then up to the judge to determine whether modification is allowed under Alabama law. 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. 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. instruction : alabama child custody petition (form asbps-05) The Alabama Petition for Child Custody is the form required for Alabama residents seeking custody of their children through the court. By Lina Guillen, Attorney. If the other parent agrees to make some changes, we can represent you in negotiating these changes outside of court or through mediation. You must apply the child custody test to every decision that you make which affects the minor children. Like other states, there are specific grounds for child custody modification in Alabama. A parent’s new job results in a different schedule. A parent believes the child is neglected in the other parent’s custody. 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. If successful, mediation saves the parties both the added time and cost of litigation. 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. In assessing the danger to the child, a court will consider the following factors: Domestic violence in the parent's … Alabama requires the parent requesting the modification to demonstrate a list of things in order for them to … Child Custody Modifications in Birmingham Child custody arrangements do not work forever. If you went from being the non-custodial parent to the custodial parent, then you may be owed support instead. The standard requires the parent seeking a … If your child custody arrangement changes significantly, you should speak with an attorney about the current child support order. 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. If you wish to change the child custody order, you should speak with an attorney first. 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. You can also submit your questions to our discussion forum and receive answers form attorneys and other parents. If the other parent is no cooperative, we can prepare to ask a court to order a child custody modification. 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. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed. 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. The Alabama child support guidelines do not specifically address the problem of establishing a support order in joint custody situations. Find out more below. from Birmingham School of Law and was admitted to practice law in 2003. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Under Alabama law, joint custody is an … Posted May 25, 2020 by Steven Harris | Divorce. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. 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. Whether you are the parent seeking a child custody modification or your child’s other parent is requesting a modification you disagree with, our family law attorneys at Alabama Divorce & Family Lawyers, LLC are here to help. Supervised Visitation & Child Custody . A custodial parent may start working at night and leave the child at home alone. If you’re ready to hire a family attorney, there are many ways of getting in touch: When you are a co-parent, one of the most important things is to have a parenting plan that works well for everyone. Naturally the needs of children change with age. We will: If you have any questions regarding the benefits of hiring a child custody lawyer for a modification case, contact us right away. One parent moves further away from the parent or out of state. Alabama’s Two Standards Used to Modify Child Custody. On this page you can locate Alabama divorce lawyers, mediators, and other professionals as well as learn about the Alabama divorce laws and related family law issues like, child custody, visitation, child support, alimony, and property division. Petition to Modify Child Custody in Alabama. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. It also needs to provide your child with stability and the right environments to grow and mature. The non-custodial parent has a high burden of proof to meet. Are you concerned about the welfare of your child or has the situation changed. Which Factors are Considered in a Custody Proceeding? *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 117, Email: advice@alabamadivorceandfamilylaw.com. 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. The child’s needs and/or preferences have changed. When it comes to child custody modification in the state of Alabama, these cases will carry a heavy burden of proof from the parent requesting the modification. This is an introduction to child custody laws in Alabama. There has been a material or substantial change in circumstances affecting child custody; Changing the custody order is in your child’s best interests; and. August 8, 2018 The Rose Law Firm. Child custody cases can be complicated, both factually and emotionally. Posted: (2 days ago) Grounds for Child Custody Modification in Alabama The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. No Comments. How the process is accomplished depends upon whether or not the other parent agrees to modification. 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.