What You Need to Know About Child Custody Modifications in Alabama: What Is the McLendon Standard?

18 Dec What You Need to Know About Child Custody Modifications in Alabama: What Is the McLendon Standard?

Although children are the primary consideration, a functional co-parenting plan between parents who share children is essential for the well-being of everyone involved. However, the plan that you agree on and that the court orders at the beginning may not always be in the child’s best interest years later. As time goes on and your child develops, circumstances and child needs change; what was best for the child then may not be best for them now. The most important aspect of a co-parenting plan is that it ensures a stable, nurturing, and loving environment conducive to the child’s mental and emotional growth.

This is where a modification of child custody comes in. Assuming there has been a material change, the next step is to determine whether a modification of child custody is in the child’s best interests. The Court considers many factors, including the living arrangements of both parents, the relationship of the child with both parents, the child’s needs, the parent’s ability to meet the child’s needs, evidence of domestic violence, the wishes of the child, as well as the relationship of the parents when considering a child modification case. Both the custodial parent and the non-custodial parent can request modification to the existing child custody arrangement.

What Does the Child Custody Modification Process Look Like?

Child custody modifications in Alabama are a complex task, especially if only one parent agrees that it is in the best interest of the child. This must be proved to the judge and follow a specific process. Having an experienced child custody modification lawyer on your side, whether you’re a custodial parent or non-custodial parent, will greatly increase your chances of a favorable outcome.

First, it must be determined where the child custody modification will be filed. If the parents were once married and the custody order was a product of their divorce, the Petition for Modification must be filed in the same court it was ordered. If the parents were never married, the child custody modification request will be filed in the county court where the child has lived for at least six months. Extenuating circumstances can be exceptions to this rule, such as if the child is in immediate danger.

Your Birmingham child custody lawyer will, first and foremost, ensure you have grounds for child custody modification. Then, they’ll include all the necessary information in the filing, including detailed reasoning for the modification request. The process begins after the petition is filed in the correct jurisdiction. The other parent will be served a copy of the petition, and then they have thirty days to file a response.

After the other parent files their response, the case moves to discovery and possibly depositions. If the case cannot be settled through mediation, both parents must argue their case and present supporting evidence. In the end, the judge will either rule in favor or against the petition.

After over a decade in business, Vella & King has litigated many child custody cases in favor of our clients. If you’re unsure about the validity of your child custody modification case, contact us for a free consultation.

How Can a Child Custody Modification Lawyer Help?

Modifying child custody is much more complicated than most parents think, and the parent seeking modification of custody forms is saddled with the burden of proof at trial. Vella & King is prepared to fight for the best interest of your child and the best outcome. We have extensive experience filing for the following types of custody:

• temporary custody
• permanent custody
• legal custody
• physical custody
• joint custody
• sole custody
• visitation

Before we file child custody modification forms, we’ll listen to your reasoning for why you would like to file a Petition for Modification. We’ll always give you our fair assessment of the situation and advise you on the best course of action considering Alabama law and the standard for modifying a child custody order.

Grounds for Child Custody Modification

Alabama child custody law states that for a parent to modify a child custody agreement, he or she must meet the McLendon standard. The McLendon standard is a result of a court opinion of the same name entered in 1984. Under this standard, a parent requesting a change in the child custody arrangement must have evidence sufficient to prove all three of the following:

1. A substantial change in circumstances has occurred since the last custody order was entered in the case;
2. That the child’s best interest will be materially promoted by the change in child custody; and
3. The benefits of custody modification significantly outweigh the intrinsically disruptive effects of uprooting the child with a change in custody.

The purpose of the McLendon standard is to lessen the disruption caused in a child’s life when changing custody. In Alabama, stability for a child is innately more beneficial than a change. Accordingly, this standard is strict and difficult to meet.

Common Reasons a Judge Will Change Custody

There must be a material change in circumstances to have grounds to file a Petition to Modify since the most recent order was entered. What is a material change in circumstances? Some of the most common include the following:

• Significant changes in the child’s needs that demand immediate attention
• Significant changes in the child’s living arrangements that have a negative impact on the child
• A significant change in the custodial parent’s or the child’s mental and physical health

Each child custody modification case will have individual facts that are relevant and that need to be presented to the court, which is why it is important to contact a Birmingham family law attorney before filing a petition to Modify. An experienced family law attorney can assess the facts of your case, apply the legal standard, and advise you if she believes the Court is likely to grant your Petition to Modify.

If you believe that your custody order should be modified, please reach out to Vella & King Family Law Attorneys for a free consultation today.

How Does a Judge Determine the Best Interests of Your Child?

If the judge decides there has been a material or substantial change in circumstances affecting the child to modify child custody, it’s then up to them to decide if changing the child custody orders would also be in the best interest of the child. The following factors could impact the judge’s decision to modify custody:

• Parental Fitness: If there is evidence that the fitness of the custodial guardian has changed, either improving or deteriorating, it may impact the custody arrangement. This could involve issues such as drug or alcohol abuse, criminal behavior, or mental health concerns.
• Child’s Preference: In some cases, especially as children get older, the court may consider their preferences regarding the custody order. The weight given to the child’s preference may depend on age and maturity.
• Parental Relocation: If one parent moves a significant distance, the court may evaluate the potential impact on the child’s relationship with both parents and the feasibility of maintaining a meaningful relationship.
• Violations of the Existing Order: If one parent consistently violates the terms of the current arrangement, it may be a factor in modifying the child custody order. This could include interference with the visitation schedule for the other parent or failure to adhere to the agreed-upon parenting plan.
• Allegations of Abuse or Neglect: Any credible allegations of mental, physical, or psychological abuse or neglect against a parent could prompt the court to reevaluate the child custody plan to ensure the safety and well-being of the child.
• Health issues: If one parent develops health issues that affect their ability to care for the child and provide stability, it may be a consideration in the decision to modify child custody cases.
• Job Changes or Financial Issues: If a co-parent experiences significant changes in their employment or financial situation that impact their ability to provide for the child or maintain a stable environment, this can impact the court’s decision.

Family court decisions are made on a case-by-case basis, and the factors considered can vary depending on the circumstances of each case. This makes it essential to consult with an experienced family law attorney in Alabama for advice tailored to your specific situation.

Impact on Child Support

Depending on how circumstances change, changes in child custody impact child support in different ways. If changes in the custody schedule result in your child spending less time at the other parent’s home and grant you more physical custody time, you may be entitled to receive more child support or a reduction in the amount you’re currently paying. Additionally, if you were previously the non-custodial parent and are now the custodial parent, you may be entitled to receive child support instead of paying it.

Consulting with a child custody attorney is imperative to ensure child support order adjustments are fair and put the child’s needs first.

Contact Child Custody Modification Attorneys Vella & King Today

If you think it’s time for a change in the child custody arrangement you have with your co-parent due to a material change in circumstances, get in touch with Vella & King today. We’ll hear you out and put our combined 40 years of family law experience to work to receive the best possible arrangement for your child. This includes ensuring that your request meets the McLendon standard and following the correct process for filing a Petition to Modify.

Contact us today for a free consultation and ensure the best future for your child.