Child Custody Lawyers in Birmingham Al
Going through a custody battle may be the most intense ordeal of your lifetime. At Vella & King, Attorneys at Law, we understand how stress and anxiety can make you feel like you will never move on from this place. With our help, however, you can—and you will.
Our firm is known for our compassion and honesty, as well as our strength. Once you decide to partner with us, the burden of finding the right Birmingham, AL, child custody lawyer is lifted; you can breathe a sigh of relief knowing that we’ll relentlessly pursue a favorable outcome. Nothing is more important than protecting your rights to your children, and we understand that. Our firm welcomes married couples, unmarried couples, and same–sex couples who are in need of an experienced family law attorney for child custody arrangements.
Why Do You Need a Lawyer?
Child custody disputes can quickly become intense, emotional situations that end up hurting the person they are meant to protect: the children. However, judges don’t base their decisions about child custody on parents’ emotions; they base them on what they believe to be the best interests of the child’s well-being. As experienced child custody lawyers, it’s our job to show what your child’s best interests are at your behest.
Having legal representation throughout your child custody battle is essential to have your input on your child’s behalf fairly and strongly presented to the judge. It’s also a matter of being extremely knowledgeable about Alabama courts pertaining to child custody decisions and determinations.
What Does Alabama Law Say About Custody for Unmarried Parents?
Alabama law provides several methods through which unmarried parents can establish a child custody arrangement. An experienced child custody lawyer in Birmingham, AL, can go more in-depth with you about each of these methods.
Voluntary Agreement
Unmarried parents can reach a voluntary agreement on child custody and visitation, which outlines the responsibilities of each parent regarding the child’s care and living arrangement.
Court Order
If both parents cannot agree on custody, either parent can file a petition in family court to request a custody determination. The court will consider various factors, such as the child’s best interests, the parent’s fitness to care for the child, and any history of abuse or neglect. The court may grant sole custody to one parent or order joint custody with the other parent, depending on the circumstances.
How Is Paternity Established in Alabama?
In Birmingham, Alabama, paternity can be established through various methods, both voluntarily and through legal processes. It’s important to establish paternity to determine parental rights and responsibilities, including child custody, visitation, and child support. Common methods for establishing paternity in Alabama include:
Voluntary Acknowledgement of Paternity (VAP)
This is the most straightforward way to establish paternity for both parents. They simply sign a Voluntary Acknowledgement of Paternity form. Both parents must sign the form in the presence of a notary public or a witness. Once the form is filed with Alabama DHR, paternity is established.
Court Order
If the alleged father and mother do not agree on paternity, either party can file a petition with Jefferson County Family Court, or whatever county they reside in, to request a determination of paternity. The court may order genetic testing to confirm or deny paternity. If the testing confirms paternity, the court will issue an order establishing paternity and may address family law matters such as child custody, visitation, and child support in the same proceeding.
Administrative Process
If the alleged father disputes paternity when the mother applies for public assistance or child support services through DHR, then DHR may initiate an administrative process to establish paternity. This may involve genetic testing and a formal administrative determination of paternity.
Once paternity has been legally established, the father has both rights and responsibilities concerning the child, including the right to seek child custody or visitation, as well as the obligation to make any child support payments ordered by the court.
Types of Custody
Temporary Custody
While the court decides on the best custody arrangement for the child, sometimes a temporary or interim custody order must be put in place. This order governs child custody, including where the child lives, and visitation rights on a temporary basis until legal proceedings such as divorce or child custody hearings are concluded and the courts award custody to the parents.
Permanent Custody
Once the judge makes a final ruling on the child custody order, the order is permanent unless it is modified or changed.
Legal Custody
Legal custody refers to a parent’s authority to make important decisions regarding the child’s upbringing and welfare. These decisions can include matters related to education, healthcare, religious upbringing, and other significant aspects of the child’s life. Sometimes, the court orders that parents share legal custody if it’s in the best interest of the child, or sole legal custody can be awarded to the primary parent.
Physical Custody
Physical custody determines where the child will live and spend their time. Similar to legal custody, physical custody can be awarded as joint physical custody or sole physical custody to one party.
Joint Custody
Joint custody, whether joint legal custody or joint physical custody, means that both parents share responsibilities and time with the child. Joint custody arrangements can vary widely, with parents sharing almost equal time or having a schedule that works best for the child’s needs.
Sole Custody
Sole custody means that one parent has exclusive rights and responsibilities for the child. In sole legal custody, one parent makes all major decisions, while in sole physical custody, the child primarily resides with one parent. The non-custodial parent may still have visitation rights in some cases.
Visitation
If one parent has sole physical custody, then the time that the non-custodial parent spends with the children is called visitation.
Child Custody Modifications in Family Law Cases
Modifying a child custody order after an Alabama divorce is possible under certain circumstances when there has been a significant change in circumstances that warrants a modification. Child custody orders are meant to serve the best interests of the child, and changes may be necessary to reflect evolving situations.
If the court finds that there has been a substantial change in circumstances, such as the other parent relocating a significant distance away, changes in the child’s relationship with the other parent, concerns about abuse or domestic violence, changes in a parent’s ability to fulfill their custodial responsibilities, changes in work schedules or living arrangements, etc., it will be more likely to make modifications in a child custody matter.
Courts are generally reluctant to make modifications in a Birmingham child custody case without a compelling reason. Consult with Birmingham child custody lawyers to assess the strength of your case and understand your options when seeking a modification of a child custody order in the Vestavia Hills area.
How Does Alabama Calculate Child Support?
Child support payments in the AL area can be complex and may vary based on individual circumstances. If you’re involved in a child support case, it’s highly advised that you consult with a Birmingham child custody lawyer to get an accurate estimate of your child support obligation based on your specific situation.
In Alabama, child support is calculated based on the Income Shares model, which is a method used in many states to determine child support obligations. Under this model, both parents’ incomes are considered, and child support is calculated to ensure that the child receives financial support appropriate to the parents’ combined income.
FAQ
What Happens if We Can't Agree on What Should Go in Our Parenting Plan?
Ideally, parents would collaborate to develop a parenting plan, but this isn’t always the case. In many instances, parents disagree on what’s best for their child, including matters pertaining to custody, residence, and upbringing. When this happens, there are two options:
The preferable option is to bring in a neutral third-party mediator. Mediators can help facilitate discussions, ensuring fairness and giving each party an opportunity to voice their concerns. They don’t make the decisions for the parents but rather assist in resolving their disputes and fostering collaboration.
The second course is litigation. If negotiations and mediated sessions prove unsuccessful, the only remaining option may be to take the case to court and have it adjudicated by an Alabama family law judge.
How Will the Court Make a Decision About Child Custody?
If the parents cannot come to a mutual agreement on custody arrangements for their child, the court will have to step in. The court will determine custody after considering input from both parties regarding the child’s best interest. Having a Birmingham, Alabama, child custody lawyer with courtroom expertise is crucial to ensure that your perspective is accurately and effectively presented and that compelling arguments are made on your behalf.
Ready to Protect Your Relationship with Your Child
Under Alabama family law, the court will consider what is in the children’s best interests regarding custody arrangements. This may include which parent can best care for the children and which home environment is best for them, among other factors.
To finalize custody orders, you will need to have a custody agreement/parenting plan in place. Depending on the specifics of the situation, this may be the biggest point of contention in a divorce. It is important that your attorney understands your needs and wishes and determines how to realize them for you.
In most cases, the parents will work together to draft the custody agreement. This most often happens in negotiation or mediation. As non-adversarial tactics, these are preferable to going to court, which is more stressful, time-consuming, and expensive. In addition, when left up to a judge, a custody agreement may not work as well for your family as it would if you and your co-parent agree upon an arrangement. We try alternative dispute resolution whenever possible, but we will fight vigorously for your rights in court when that is the best option.
Let Us Guide You Through the Custody Process
You have a legal right to have a say in your child’s custody arrangements. Attorneys Vella and King are ready to help you through the entire process of your custody case. To contact us, please call our Birmingham office at 205-868-1555 or contact us online.
Schedule a free consultation today!