Child Custody Attorneys in Hoover Alabama

Oftentimes, child custody matters and visitation schedules are the most stressful aspects of a divorce case. There are various elements that parents and the courts must evaluate. However, you do not have to feel alone as you try to determine (and fight for) what is most appropriate for you and your children. The seasoned family law attorneys at The McCormick Firm are available to offer help in all your child custody concerns.

How are Child Custody Matters Decided in Hoover, AL?

Child custody agreements in the state of Alabama must be made to meet the child’s “best interests.” For instance, judges do not automatically give moms custody or take it away from a disloyal spouse, unless there is additional evidence presented to indicate that the custody agreement is most suitable for the child.

In Alabama, courts consider various factors in determining whether a custody agreement is in the child’s best interest. These factors include the following:

• The sex and age of the children
• The characteristics and needs of each child, including their emotional, social, moral, material, and educational needs
• The home environments offered by each parent
• The characteristics of those seeking custody, including age, character, stability, mental, and physical health
• How effectively each parent has cared for the children
• The relationship of the children with each parent and the family of the parent
• Where they might reside and attend school
• Which parent addresses things such as medical appointments and teacher conferences
• Each parent’s willingness to cooperate with the other to do what is best for the kids
• The preferences of the children, if they are old enough to convey their opinion

Child Custody Arrangements

There are various types of child custody arrangements. In Alabama, the law focuses on physical custody, temporary custody, and legal custody. The custody arrangement that is suitable to you at present may not be advantageous to you or your kids in the future. Fortunately, it is possible to change the custody arrangement of your child from any of these types to another.

Legal Custody

Legal custody involves the right of a parent to make vital decisions for their offspring, including related to the child’s health care, education, and religion. In circumstances where one parent has sole legal custody, that parent is entitled to make all significant decisions for the child while the other parent is not.

Many unmarried or divorced parents share legal custody and decide on these major aspects together. You can also seek court intervention if you and your child’s other parent cannot agree on matters under a legal custody arrangement. In this regard, a child custody attorney can offer meaningful legal counsel and guidance.

Physical Custody

Physical custody pertains to which parent has the legal right to have the child with them, at their residence, and manage the child’s day-to-day activities. Similar to legal custody, physical custody can also remain fully or predominantly with one parent, or both parents can share physical custody. In child custody, this is one of the most disputed issues. Therefore, it is ideal to engage a child custody attorney to determine a physical custody arrangement or seek a court order on the matter.

Joint Custody (Joint Legal Custody vs. Joint Physical Custody)

The court is always required to consider joint custody in Alabama. The state law encourages parents to share physical and legal custody of the child as it is usually in the child’s best interest to have access to both parents. But eventually, a judge will scrutinize what is in the child’s best interest, which may or may not include joint legal custody, joint physical custody, or either.

In cases where a couple has had a history of not being able to cooperate or communicate, one may be given sole physical or legal custody or both.

Sole Custody

Sole custody can pertain to legal custody, physical custody, or both. If a parent has a child’s sole physical custody, the child resides with that parent full time. That parent may be known as the custodial parent. The other parent may be given visitation rights, during which the child spends short periods with them, and they may or may not spend nights at this home.

Stemming from this, a parent may have joint physical custody of a child but sole legal custody. The child may spend time with both parents, yet one parent remains responsible for decisions on major issues about the child.

Third-Party Custody

In certain cases, a third party or someone besides the child’s biological parents tries to obtain custody of a child. The third-party will have to prove that one or both parents are not fit to raise the child. Some examples of an unfit parent include alcohol or drug abuse, child abuse or neglect, or circumstances in which the child is put in hazardous situations.

If a third-party already has child custody, the natural parent must show that a modification in custody, especially custody being given to the parent, would be beneficial for the child’s emotional and physical welfare.

 

Visitation

Courts in Alabama have the discretion to determine visitation between a child and parents. The courts can arrange visitation between one or more parents, even in cases where both parents consented to a no-visitation policy. In circumstances where a child does not wish to meet with one parent based on biases that are not factual and proven, the court can order custody irrespective of the child’s desires.

Parents who violate the court’s visitation orders may be required to sign a bond declaring that they will not interfere with court-ordered visitation in the future.

Hire a Dedicated Child Custody Lawyer in Hoover, AL

At The McCormick Firm, we know that your kids are the most precious thing in your life, and this motivates us to fight hard for your custody rights. Our Hoover, AL., child custody attorneys will push forward with robust strategies to ensure your case remains on track, even in the most frustrating circumstances. Our objective is to keep you focused on the positive results that you desire for your case and your family.

If you are facing a complex child custody battle, contact us at (205) 968-1302 today to understand how our experienced and compassionate legal team will preserve your rights and those of your children.