Call our Montgomery family law attorneys today at (334) 782-9938
The Harris Firm LLC has handled family law for Montgomery and the River Region since 2007, with Montgomery attorneys John Tyler Winans and Julia Collins. Family law consultations are $100 by phone or in person.
In short: Family law matters for Montgomery residents are handled by the Montgomery County Circuit Court, Domestic Relations Division, in downtown Montgomery, with juvenile and dependency cases going through the Montgomery County Juvenile Court. Our Montgomery family law attorneys appear in these courts regularly.
What we handle: Divorce, child custody, child support, adoption, paternity, alimony, prenuptial and postnuptial agreements, modifications, contempt and Rule Nisi enforcement, protection from abuse, and juvenile and dependency matters — the full family law docket.
Where we serve: From our Montgomery office we represent clients across Montgomery County — Montgomery, Pike Road, Hope Hull, Mount Meigs, Pintlala, and Mathews — and in the surrounding River Region counties of Autauga, Elmore, Lowndes, Bullock, and Macon.
The biggest mistake: Handling a contested matter on a handshake. Custody and support orders are hard to change once entered, and informal agreements that aren’t filed and approved by the court are not enforceable — so getting it documented correctly the first time matters.
Montgomery Family Law Services
A Montgomery family law lawyer at our firm can help with every domestic matter that comes before the Montgomery County courts. The major areas of our practice are below, each with a dedicated section further down the page.
Adoption & Paternity
Stepparent and agency adoptions, establishing paternity.
Protection & Enforcement
PFA orders, contempt, Rule Nisi, and modifications.
Family Law Attorneys in Montgomery & Across the River Region
The Harris Firm LLC has handled family law matters in Montgomery and the River Region since 2007. Our downtown Montgomery office at 60 Commerce Street is staffed by family law attorneys John Tyler Winans and Julia Collins, who practice in the Montgomery County Circuit Court, along with managing attorney Steven Harris. Together they represent clients in divorce, child custody, child support, adoption, paternity, protection from abuse, and every other domestic relations matter filed in Montgomery County.
Family law cases in Montgomery run through the Montgomery County Circuit Court’s Domestic Relations Division, which has a dedicated docket and local procedures that differ from other Alabama counties. As any of the family law lawyers in Montgomery who practice in this court regularly will tell you, that local knowledge matters in ways general experience alone does not. If you need a family law attorney in Montgomery, Pike Road, Prattville, Millbrook, Wetumpka, Tallassee, or Troy, our office represents clients throughout the River Region — where you live determines which county your case is filed in, not which office you work with.
Divorce in Montgomery & Montgomery County
Divorce is the matter that brings most people to a family law attorney, and it ties into nearly everything else on this page — custody, support, property, and alimony are all decided as part of ending a marriage. When spouses agree on every issue, an uncontested divorce is the fastest, most affordable route through the Montgomery County Domestic Relations Court. When they don’t, a contested divorce resolves the disputed issues through negotiation and, if necessary, trial. Every Montgomery County divorce is subject to Alabama’s mandatory 30-day waiting period before a judge can finalize it.
Because divorce carries its own fees, timelines, and Montgomery County filing details, we cover it in depth on a dedicated page. See our Montgomery divorce lawyers page for the flat-fee uncontested pricing — $690 without minor children, $890 with — the roughly $205 Montgomery County filing fee, and the full uncontested-versus-contested breakdown.
Contested vs. Uncontested Divorce in Montgomery
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Agree on every major issue | One or more issues disputed |
| Court appearances | Usually none | Multiple dates likely |
| Timeline | About 30 to 45 days | 6 months to 2 years |
| Attorney fees | Flat: $690 / $890 | Hourly against retainer |
| Discovery | No | Yes |
| Who decides | You and your spouse | The judge, after trial |
| Best for | Cooperative spouses | Disputes on custody, support, property |
Montgomery Child Custody & Child Support Lawyers
Child Custody
Alabama courts decide custody on the best interests of the child, weighing each parent’s relationship with the child, the stability of each home, the child’s adjustment to school and community, and any history that bears on the child’s welfare. Custody splits into legal custody (decision-making over education, healthcare, and religion) and physical custody (where the child lives), and Montgomery County courts frequently award joint legal custody with one parent as primary physical custodian. Our Montgomery child custody lawyers handle original petitions, relocation matters, and modifications under the demanding Ex parte McLendon standard.
Child Support
Child support in Alabama is calculated under the Rule 32 Income Shares guidelines, using both parents’ incomes, the number of children, health insurance, and work-related child care. The guideline amount is what the court orders unless it makes written findings supporting a deviation. Support runs until the child turns 19 — Alabama’s age of majority, not 18. Our Montgomery child support lawyers establish new orders, enforce existing ones, and petition to modify support when a parent’s income or a child’s needs change.
Because the initial custody and support order sets the baseline and is hard to change later, getting it right at the outset matters more than most parents expect. Our Montgomery child custody lawyers and Montgomery child support lawyers handle the original orders and, when circumstances genuinely change, the modification petitions that follow — all filed in the Montgomery County courts.
Montgomery Adoption & Paternity Lawyers
Adoption
Our Montgomery attorneys assist families with stepparent, grandparent, agency, and private adoptions. The process involves a home study, background checks, a placement period, and a final hearing in the probate court of the county where the child resides. Stepparent adoptions typically require terminating the other biological parent’s rights first, either voluntarily or through a separate proceeding.
Paternity
When a child is born to unmarried parents in Alabama, the father has no automatic legal rights until paternity is established. Montgomery County paternity cases typically begin with a DNA test, and once paternity is established the court can address custody, visitation, and child support in a single proceeding. Our Montgomery paternity lawyers represent both parents seeking to establish paternity and those contesting a claim.
Alimony & Marital Agreements
Alimony
Alabama recognizes several forms of alimony — interim support during a case, rehabilitative alimony to help a spouse regain self-sufficiency, and longer-term periodic alimony in appropriate cases. Following changes to Alabama’s alimony law, awards more often focus on helping a lower-earning spouse become self-supporting rather than lifetime support. Whether alimony applies depends on the length of the marriage, each spouse’s finances, and the standard of living during the marriage.
Prenuptial & Postnuptial Agreements
A prenuptial agreement before the wedding, or a postnuptial agreement after, defines how property, debts, and support are handled if the marriage ends. Alabama’s Uniform Premarital Agreement Act governs them, and enforceability depends on full financial disclosure, voluntary execution, and terms that are not unconscionable. Our prenuptial agreement attorneys draft and review these agreements for couples across the River Region.
Modifications, Contempt & Rule Nisi
Modifying a Decree or Order
Life changes, and a divorce decree or custody and support order may no longer fit. To modify one in Montgomery County you must show a material change in circumstances since the last order — a change in income, a relocation, or a shift in the child’s needs. Custody changes face the especially demanding Ex parte McLendon standard. We file the modification petition and present the evidence the court needs to approve the change.
Contempt & Rule Nisi
When the other party ignores a court order — missed child support, missed spousal support, or denied visitation — a contempt petition (filed in Alabama as a Petition for Rule Nisi) asks the court to enforce it. Our contempt attorneys pursue remedies that can include back payments, make-up parenting time, wage garnishment, attorney’s fees, fines, and, in serious cases, jail.
PFA & Juvenile Court in Montgomery County
Some family law matters can’t wait. A Protection From Abuse (PFA) order is the fastest legal tool for safety in a domestic violence situation. Under Alabama’s Protection from Abuse Act, a victim can obtain an emergency ex parte order on the day of filing if the facts support immediate protection, with a full hearing scheduled shortly after where the court can extend the order and address temporary custody and support. There is no filing fee for a PFA petition, so cost is never a barrier to protection. We represent both petitioners seeking protection and respondents contesting an order they believe was filed in error.
DHR Custody Cases
Cases involving the Alabama Department of Human Resources follow a different procedural path than standard custody matters. DHR involvement usually arises from a report of abuse or neglect and is handled in Juvenile Court rather than Domestic Relations Court. We represent parents in DHR proceedings and work toward reunification or an appropriate custody arrangement depending on the circumstances.
Juvenile & Dependency Matters
Dependency cases address children alleged to be abused, neglected, or abandoned, and move from a shelter care hearing through adjudication to review hearings. Parents have the right to counsel throughout. We represent parents in the Montgomery County juvenile court, protecting their rights while keeping the child’s well-being central.
How a Montgomery Family Law Case Works
Most family law matters in Montgomery County move through these stages.
Consultation
We meet by phone or at our Montgomery office to review your situation, explain how the Montgomery County courts handle matters like yours, and lay out your options. Family law consultations are $100.
Retainer & Strategy
For contested matters we set a retainer — starting at $4,000 — and build a strategy around your goals, whether the issue is custody, support, paternity, or enforcement.
File in Montgomery County
We prepare and file the petition with the Montgomery County Circuit or Juvenile Court and arrange service on the other party where required.
Temporary Orders
When a matter needs immediate direction — temporary custody, support, or a protective order — the court can enter interim orders while the case is pending.
Discovery & Negotiation
We exchange information with the other side and negotiate — often through court-ordered mediation — to resolve the disputed issues without a trial where possible.
Agreement or Hearing
Most matters resolve by agreement. If yours does not, we present your case at a hearing before the Montgomery County judge.
Final Order & Follow-Up
The court enters a final order setting out the terms. We also handle later modifications and enforcement when circumstances change down the road.
Frequently Asked Questions About Family Law in Montgomery
1.Which court handles family law cases in Montgomery County, Alabama?
Family law matters in Montgomery County — including divorce, child custody, child support, paternity, and post-decree modifications — are handled by the Domestic Relations Division of the Montgomery County Circuit Court in downtown Montgomery. Domestic Relations cases are on a separate docket from other civil matters, with specific judges presiding. Juvenile dependency and delinquency cases involving children are handled in the separate Montgomery County Juvenile Court.
2.Do I have to live in Montgomery to file a family law case in Montgomery County?
Not necessarily. In most Alabama family law cases, the proper venue is the county where either party or the minor children reside. If either you, your spouse, or the children in a custody matter reside in Montgomery County, the case may generally be filed there. Divorce requires at least one spouse to have lived in Alabama for six months before filing, but there is no separate county residency requirement beyond venue rules.
3.What family law services does The Harris Firm handle from its Montgomery office?
Our Montgomery family law attorneys handle all domestic relations matters in Montgomery County and the surrounding River Region counties — including divorce (contested and uncontested), child custody, child support, paternity, adoption, prenuptial and postnuptial agreements, protection from abuse, contempt petitions, and post-decree modifications. For clients in Pike Road, Prattville, Millbrook, Wetumpka, Tallassee, and Troy, we file in the appropriate county courthouse based on where you reside.
4.How much does a family law consultation cost in Montgomery?
A consultation for a general family law matter — custody, child support, paternity, adoption, modification, contempt, or protection from abuse — is $100, whether by phone or in person at our Montgomery office. Uncontested divorce phone consultations are free. The consultation lets us review your situation, explain how the Montgomery County courts handle it, and outline your options before you decide how to proceed.
5.Are mediation or settlement conferences common in Montgomery County family law cases?
Yes. Montgomery County courts routinely encourage or order mediation in contested family law matters, particularly those involving child custody or property disputes. Mediation brings both parties together with a neutral mediator to attempt a negotiated resolution before the case proceeds to a hearing. Many Montgomery County family law cases resolve at mediation, saving both parties the time, expense, and uncertainty of a trial.
6.Is there a fee to file for protection from abuse in Montgomery?
No. There is no filing fee for a Protection From Abuse (PFA) petition in Alabama, so cost is never a barrier to seeking safety. A victim can obtain an emergency ex parte order on the day of filing if the facts support it, with a full hearing scheduled shortly after where the court can extend the order and address temporary custody and support. Our Montgomery family law attorneys help victims file and present these petitions in Montgomery County.
7.How is child support calculated in Alabama?
Alabama uses the Rule 32 Income Shares guidelines, factoring in each parent’s gross monthly income, the cost of the child’s health insurance, work-related child care, and the number of children. The result is a presumptive support amount the court orders unless it makes written findings supporting a deviation. Support runs until the child turns 19, Alabama’s age of majority, and either parent can petition to modify it when income or a child’s needs change.
Talk to a Montgomery Family Law Attorney Today
Whatever family law matter you are facing in Montgomery or the River Region — divorce, custody, support, adoption, paternity, an agreement, an enforcement action, or protection from abuse — the first step is a conversation with an attorney who handles these cases in the Montgomery County courts.
What We Handle for River Region Families
✓ Divorce, child custody, child support, and modifications
✓ Adoption, paternity, alimony, and marital agreements
✓ Contempt, Rule Nisi, and protection from abuse
✓ DHR custody cases and juvenile matters
Montgomery Office
60 Commerce Street, Suite 1210
Montgomery, AL 36104
Monday–Friday, 8:00 AM to 5:00 PM
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