Acts 1996, No. Considerations by courts; factors considered. Being separated from a child is often a parent’s worst nightmare. This article shall not be construed as affecting the standard applicable to a subsequent modification. Text version of this Form. There are several hundred pages here, so you can probably find useful information about nearly every issue you're facing in your divorce. Joint Custody. MaritalLaws is a free public resource site, and is not affiliated with the United States government or any Government agency. Do Alabama courts consider domestic violence when determining custody? In the United States, there are two forms of joint custody, joint physical custody (called also "shared parenting" or "shared custody") and joint legal custody. Joint Legal Custody; It is awarded wherein both parents have equal rights for making key decisions related to the kid like education and healthcare. Alabama statutory law states that family court judges should prefer granting joint custody. (b) If the parties are unable to reach an agreement as to the provisions in subsection (a), the court shall set the plan. ... Joint custody does not, however, necessarily mean that both parents have the same amount of time with the child. Child Custody Definitions in Alabama. Usage is subject to our Terms and Privacy Policy. At Bouloukos, Oglesby, & Mitchell Attorneys at Law, we understand that child custody issues can be one of the most stressful parts of going through an Alabama divorce for parents as well … Joint Custody in Alabama. Joint legal custody and joint physical custody. (c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody is supposed to mean that the parents equally share the responsibility of making decisions for (“legal custody”) and taking care of (“physical custody”) of the child. (5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. Joint custody does not necessarily mean equal physical custody. Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. After an initial child custody order, either parent may petition the court to seek a modification of custody if certain conditions are met. Alabama has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. In Alabama, joint custody may be joint legal custody and joint physical custody, or just joint legal custody. Application of Rule 32 of Rules of Judicial Administration, 30-3-157. The Alabama Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child—including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decided. Some of the factors the family court system will look at include: The parent’s agreement or lack of agreement when it comes to joint custody Do Alabama courts encourage parents to cooperate together to raise the child? Joint custody is preferred because the state favors children having frequent and continuing contact with each parent. In reality, equal joint custody is not used often. Definitions. In Alabama, joint custody has two forms: joint legal custody and joint physical custody. Free Alabama Child Custody Form - PDF Form Download. • Joint physical custody is an arrangement designed to give both parents a substantial amount of time with their child. 30-3-157. 1302 Noble Street Suite 2A Anniston, AL 36201 (256) 689-1119. What factors do Alabama child custody laws take into account? There really is no shared custody, its just what having joint physical and legal custody has been termed over the years since this means the parents are usually sharing time equally with the … Alabama child custody laws also give co-parents the opportunity to create and submit their own parenting plans to be reviewed and considered by the court. (2) Joint legal custody. Joint Legal Custody; It is awarded wherein both parents have equal rights for making key decisions related to the kid like education and healthcare. Alabama is also one of the states that have adopted the Uniform Custody Jurisdiction and Enforcement Act which means that it must honor and enforce child custody decisions made by courts in other states. In Alabama, the court does consider the child's reasonable wishes when determining which parent wins custody. It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children … Unless otherwise prohibited by court order or statute, all records and information pertaining to the child, including, but not limited to, medical, physiological, dental, scholastic, athletic, extracurricular, and law enforcement, shall be equally available to both parents, in all types of custody arrangements. This list may include factors such as the child's age, the living situation of each parent, any history of abuse or neglect from either parent, etc. In Alabama, Joint Custody is Preferred As stated above, Alabama courts primarily prefer that both parents share the rights and responsibilities of raising their child and approach each custody situation with that in mind. Joint legal custody allows both parents to make legal decisions for the child. Applicability; modification of order. The most common custody arrangement is joint custody. This article shall not be construed as grounds for modification of an existing order. Ultimately, the court will use the children's best interests as the determinant for the type of custody agreement. Form PS–05 Page 1 of 2 Rev. An Alabama Family Court judge has the final say in all Alabama child custody and child support decisions. If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. Alabama courts prefer to award joint custody and the court will consider a joint custody arrangement in every case. In the state of Alabama, a number of factors are taken into account by the courts when determining who gets child custody. “The best security blanket a child can have is parents who respect each other.” –Author Unknown Alabama Code Title 30 Marital Domestic Relations § 30-3-151 Call the office: 256.804.0084 Top Auburn, AL Joint Custody Lawyers Near You = Lead Counsel Verified Attorneys. 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 state’s policy favors joint custody because it normally benefits minor children to have continuing and frequent contact with both of their parents. (4) Sole legal custody. 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