Frequently Asked Family Law Questions

There are two types of custody in Alabama, physical and legal custody. Legal custody is who has the rights to make decisions for the child and is usually given jointly in a divorce. The physical custody is who the child is actually living with most of the time, that parent has sole physical custody and the other parent has visitation rights such as every other weekend. In rare cases, both parents spend equal amounts of time with the children in what some call “shared” custody, this is basically joint physical custody. If you need help with a custody matter, our child custody attorneys can help.

If you and the other parent cannot agree on custody, then a judge will decide based on what is in the best interest of the child. Alabama courts look at a number of factors, including the age and needs of the child, each parent’s ability to provide for those needs, the stability of each home, the moral character of each parent, and sometimes the preference of an older child. There is no automatic rule that the mother or the father gets custody. The judge weighs all of the evidence presented at a hearing and makes a decision based on the child’s best interest.

In Alabama, there is a formula that is used by the courts to determine how much one party is to pay in child support to the other. This is called the child support guidelines and is based primarily on both spouses gross monthly incomes. The courts will usually go by what these guidelines say, but if you wish to agree to a different amount you can do so in your settlement agreement but if a judge feels that the amount you have agreed to is unfair then they might not sign off on your agreement and a hearing will need to be held or you will need to amend the documents appropriately. Typically, if you are close to the guidelines then it is alright, but if you agree to an amount that is substantially lower or higher than the guidelines it can cause delays in your case and may not be approved. You can estimate your obligation with our Alabama child support calculator.

Yes. Child support is always modifiable when there has been a material change in circumstances. The most common reasons are a significant change in either parent’s income, a change in the custody arrangement, or a change in the child’s needs such as medical or childcare costs. As a general rule, if running the current incomes through the guidelines produces a number that is more than ten percent different from what is currently ordered, that is usually enough of a change to justify a modification. Either parent can file a petition to modify, and the new amount applies going forward once the court enters a new order.

If your spouse was ordered to do something and refuses to do it, then you can take them back to the judge that ordered it and they can find them in Contempt of Court. This means that the judge can make them do it or punish them for not doing it. Sometimes this could mean making them pay fines or additional costs. It could also mean ordering them to jail in cases where someone is not paying child support or can do the thing they’re ordered to do but is refusing to do it anyway for no good reason. Our contempt attorneys can help you enforce a prior order.

Sure, this is called a joint petition to modify if both parties are in agreement. So if the two of you need to change the primary custody from the mother to the father so that the child can be enrolled in another school system, it can be a matter of mostly paperwork and there is usually not a hearing. If the parties are not in agreement, and you just want to have a judge modify the old decree based on something going on that’s new, you can do that but there must be evidence shown at a hearing about such new substantial changes that have happened.

If the biological father is in agreement, then you can do something called a step-parent adoption. This is where no one is contesting the adoption and doesn’t require much court. Once filed, there is a person appointed to look after the child’s best interest called a guardian ad litem. This person looks into the prospective parents home situation and recommends the adoption take place. As long as the biological parents are in agreement then it can occur without too much difficulty in the Probate Court where the child resides. Learn more about our step-parent adoption services.

Paternity is the legal determination of who a child’s father is. It matters because a father generally has no enforceable right to custody or visitation, and a mother generally cannot collect child support from him, until paternity is legally established. Paternity can be established by agreement when both parents sign the proper acknowledgment, or it can be established by a court through DNA testing when there is a dispute. Once paternity is established, the court can then address custody, visitation, and child support. Our paternity attorneys handle these cases for both mothers and fathers.

A Protection From Abuse order, often called a PFA, is a civil court order that protects a person from abuse, threats, harassment, or stalking by a family member, household member, or someone they have a dating or marital relationship with. When you file, the court can issue a temporary order right away, and then sets a hearing within a short time where the judge decides whether to enter a final order. A PFA can order the other person to stay away from you, your home, and your workplace, and can address temporary custody and possession of a shared residence. If you are in immediate danger, call 911 first. Our protection from abuse attorneys can help you file or respond to a PFA.

Alabama has a grandparent visitation statute, but these cases are difficult and very fact-specific. The law presumes that a fit parent acts in the best interest of the child, so a grandparent asking the court for visitation over a parent’s objection must overcome that presumption with specific proof. Grandparent visitation is more commonly granted in situations such as the death of a parent or a divorce in the family. Because the law in this area has changed over the years and is closely tied to the specific facts, it is best to call and discuss your particular situation with one of our family law attorneys.

A guardian ad litem, often called a GAL, is a person — usually an attorney — appointed by the court to represent the best interest of a child in a custody, adoption, or dependency case. The GAL is not the lawyer for either parent. Instead, the GAL investigates the situation, which can include speaking with the parents, visiting the homes, talking with the child, and reviewing records, and then makes a recommendation to the judge about what arrangement is in the child’s best interest. Judges give significant weight to the GAL’s recommendation, though the final decision is always the judge’s to make.

Legal custody is about decision-making — who has the right to make major decisions for the child regarding things like education, health care, and religion. In Alabama, legal custody is most often awarded jointly, meaning both parents share in those major decisions. Physical custody is about where the child actually lives day to day. One parent often has primary physical custody while the other has visitation, although some families share physical custody more equally. It is common in Alabama for parents to share joint legal custody while one parent has primary physical custody.

It depends on the type of case and how busy the court is. For emergencies — such as a Protection From Abuse petition or a true emergency affecting a child’s safety — courts can act very quickly, sometimes the same day or within a few days. For ordinary custody, support, or modification matters that are not emergencies, it usually takes several weeks to a few months to get a contested hearing scheduled, depending on the county and the judge’s docket. If both sides reach an agreement, the matter can often be resolved much faster because no contested hearing is needed.