Birmingham Child Custody Attorney

Help with Child Custody Matters in Alabama

Every divorce, even the cases where two people have decided mutual separation is the most optimal way of moving forward, has the potential of being stressful and emotionally tense.

This is especially true when the spouses share any children. In most situations, even though the two parties want to lead separate lives, they do not want to lose their relationship with their children. Having to decide which parent gets physical custody of the kids, and which parent will have visiting rights, can be extremely challenging to decide. Throughout the entire process, you will also want to protect the well-being of your children, emotionally, mentally, and physically.

In such tense circumstances, it is important to have the reliable counsel of an attorney. You can depend on The Law Office of Brad J. Latta to represent your needs within the divorce courts of Alabama.

Contact our lawyers now at (205) 236-7134 to have all your questions answered with a free, personal consultation.

Types of Possible Custody Arrangements in Alabama

In the state of Alabama, there are actually several different kinds of arrangements for child custody. Depending on your family’s individual circumstances, as well as the needs of your child, the court will decide which arrangement would work best for protecting your child’s well-being. To represent an accurate portrait of your family’s situation, consult with our knowledgeable attorneys today.

Physical custody refers to where a child usually lives for the majority of the time. A parent who has physical custody usually cares for a child’s needs on a day-to-day basis, providing a safe home environment and taking them to their school. Legal custody, on the other hand, can be awarded to both parents. This kind of custody includes parents’ rights to determine critical choices for their child’s life, such as their educational, religious, and social upbringing. Courts often seek to provide both parents the right to have legal custody, unless there is a good reason for sole legal custody.

Determining Sole or Joint Custody

Usually, the court system in Alabama seeks to have both parents involved in making decisions of their child’s life, unless there is good cause to decide otherwise.

Certain situations that might require sole legal custody rather than joint legal custody involve situations where:

• One parent has a history of domestic violence or abuse
• One parent has a criminal background
• One parent has neglected to care for a child’s welfare in the past
• One parent is incarcerated

It is important to remember these cases are determined on an individual basis. If you believe that you need to be a sole legal custodian for your child’s safety or believe that your ex-partner is unfairly denying your right to share in joint legal custody, we can demonstrate this to the court.

Can a Child's Preference Impact Custody Decisions?

In Alabama, a child’s preference can influence custody decisions, but it is not the determining factor. Courts primarily focus on the best interests of the child when making custody determinations. While a child’s wishes may be considered, especially if they are of sufficient age and maturity, the judge will evaluate the situation holistically. Factors such as the child's emotional and physical well-being, the stability of each parent's home, and each parent's ability to provide care are critical in the final decision.

The court will weigh the child’s preference alongside these factors, ensuring that the chosen arrangement supports their overall development. However, if the child’s preference seems contrary to their best interests, the judge is not obligated to honor it. Consulting with an experienced Birmingham child custody attorney can help clarify how a child’s preference might affect your specific custody case.

Is Alabama a 50/50 Child Custody State?

Physical custody is rarely divided 50/50 by a family court in Alabama, if ever. Instead, the judge in Alabama takes several factors into account to determine what parenting schedule would be in the child's best interest.

Dedicated Support for Your Parental Rights

If you are a parent, meeting all of the needs of your children will be the top priority. It is highly understandable that in a tense situation such as a divorce, you will be worried whether you will be able to continue your relationship with your child when there is a possibility that they will not be with you as often. To protect the well-being of your children, as well as your rights as a parent to safeguard and guide them through all stages of their lives, it is important to get in touch with The Law Office of Brad J. Latta as soon as possible. You can rely on our empathetic child custody attorneys in Birmingham to vigorously fight for your rights.

Call today at (205) 236-7134 or contact our office online to gain peace of mind regarding a child custody case.