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Alabama Divorce Custody


As in any child custody issue, the question of to which parent the child is awarded to, is perhaps the first one to arise. In cases of Alabama divorce custody, most of the guidelines followed by the judges are much similar to what are followed in the rest of USA.

A summary of the guidelines taken into account while handling child custody in Alabama are given below:
  • In most of Alabama divorce custody battles, courts strive their best to let minor children have good parental encouragement, love and attention which they so much deserve, despite of divorce between the parents. All efforts are made to encourage divorced parents to realize the importance of adhering to the parenting plan which they might have formulated after discussing with custody mediators.

  • The best interests of the child are most important. Child custody is awarded to that parent who can meet the basic needs of the child, from providing emotional succor as well as bonding with the child.

  • Judges often prefer joint custody over sole custody because the child requires both the parents for his/her complete development. However, by joint it does not mean splitting the time of the child into two halves, but it refers to sole physical custody awarded to one parent and the other parent gets shared legal custody. By legal custody meaning shared, both the parents can together make decisions regarding the schooling, health, religious practices etc of the child. Both the divorced parents have the contribution in raising of the child, henceforth.

  • If there is any history of child neglect, abuse, mental ailment, physical illness or any other incapability on part of one of the divorced parentsí, then the court automatically awards the custody of the child to the fitter parent. While deciding for Alabama divorce custody cases, courts therefore try to look into previous history of abuse, police reports of domestic violence etc to arrive at a decision.

  • Joint custody is preferably awarded when the parents of the child are located nearby so that they are able to fulfill their responsibilities as good parents. The custodian parent needs to take care of the physical custody of the child, while the non-custodian parent gets visitation rights.

  • Child support is to be either jointly met by both the parents where their incomes, return on investments, property assessments etc are accounted for. This is done to arrive at a child support figure to meet the expenses of the child. In some cases, the non-custodian parent needs to extend child support even if visitation rights have not been granted to him/her.

  • Failure of non-payments of child support is a serious offence in the eyes of Alabama laws. The non-paying parent may be severely fined and even incarcerated as a result.

  • Alabama divorce custody laws are clear about the age till which child support is provided. Termination of child support is till the child reaches the majority age.

  • An ex-spouse can file a modification suit to request a change in Texas divorce custody order arrived at the beginning of the child custody proceedings. Judges would consider looking up at the case only if the plaintiff shows that there is substantial change in the circumstances, such that the child custody order should be henceforth, modified. Reasons could vary from the change in the age of the child, the custodian parent remarrying with a person who is proven to be detrimental to the child and many others.
There is effort on part of all the courts across Alabama to ensure that there is sufficient growth of the child even in divorce scenario and the best interests of the child remain intact.


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