grounds for child custody modification in alabama

The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. We will: If you have any questions regarding the benefits of hiring a child custody lawyer for a modification case, contact us right away. Posted: (2 days ago) Grounds for Child Custody Modification in Alabama The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. The standard requires the parent seeking a … The most common situations requiring post-divorce modifications are children and money. Grounds for Custody Modification. If the current custody order provides joint custody, the court will apply the Couch standard to a request to modify.Conversely, if one parent has primary custody and the non-custodial parent files to modify the current custody order, the court will apply the McLendon standard. There are many reasons why a custody arrangement established when a child was born or a young age would need to change as the child gets older. Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: To successfully modify an Alabama child custody order under McLendon, you must establish all three conditions. Call us at (205) 255-1155 or use our online form to request a free consultation. When you make a decision that affects the minor children, ask yourself if that decision is in their best … If the changes are substantial enough though, the judge may change who the custodial guardian is. Dagney Johnson is a lawyer who represents clients in family, criminal defense, and personal injury matters in Alabama. In addition to its own state child custody laws, Alabama is one of many states that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which dictate that each state must honor and enforce child custody determinations made by courts in other states. If you’re ready to hire a family attorney, there are many ways of getting in touch: When you are a co-parent, one of the most important things is to have a parenting plan that works well for everyone. The non-custodial parent can request a change in custody with the help of a Nampa divorce attorney. Does your spouse, significant other or your child's other parent currently have primary custody? In order to change child support (by itself – not in conjunction with requesting a change in visitation or custody) is governed by Rule 32(A)(3) of the Alabama Rules of Judicial Administration. Depending on your situation, you may file a petition in court for a modification of custody or your child’s other parent may do so. At Alabama Divorce & Family Lawyers, LLC, we have handled cases involving changing custody from a mother to a father. The Dagney Johnson Law Group has been representing individuals in Alabama for almost 40 years.We understand that child custody cases can be complicated and gut wrenching.We can help you prepare evidence to establish grounds for child custody modification or to argue against it.We will be there to represent you and your family in court, and we will do our best to ensure that you get the best outcome for your case.Contact us today for a free consultation. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. Modification of child custody. One of our attorneys will speak with you about your case and determine whether we can represent you. Disclaimer: Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. Child custody modification cases involving situations where divorced parents have joint legal custody, carry a strict and heavy burden of proof in order to obtain a change in custody. It also needs to provide your child with stability and the right environments to grow and mature. instruction : alabama child custody petition (form asbps-05) The Alabama Petition for Child Custody is the form required for Alabama residents seeking custody of their children through the court. Circumstances may change, not to mention, what your child needs can change drastically as they grow up. That will be a custody schedule in which the child can thrive in a nurturing and loving environment while also maintaining close and healthy relationships with both parents. Alabama applies either the McLendon standard or the Couch standard when deciding custody modification. Grounds for Child Custody Modification in Alabama The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. The non-custodial parent has a high burden of proof to meet. Many fathers in the state of Alabama feel frustrated that they do not have enough time with their child because of the current child custody set-up. Although mediation is ideal, child custody cases rarely resolve outside of court. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. Supervised Visitation & Child Custody . Once an Alabama court has decided a child custody issue, it is difficult to obtain a modification. This is a significant disruption to a child, however, there are many times when a father is better able to provide the child and offer a safe, stable, and loving home. After discovery, some judges require the parties to complete mediation.Mediation is the process by which parties attempt to resolve the dispute outside of court. The non-custodial parent is now better able to provide for their child. The parties agreed that the mother would not be required to pay child support because she only maintained part-time employment at the time of the divorce. Yet, a child custody order may not be the right arrangement for your family one, two, or five years down the road. This field is for validation purposes and should be left unchanged. Are you concerned about the welfare of your child or has the situation changed. Experts agree that children of divorce typically fare better when both parents remain involved in their lives. When the other parent wants a modification and you disagree, you need to prepare to prove that altering the current arrangement is too disruptive and detrimental to your child. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed. Find out more below. The court can look at numerous factors when deciding whether a change is the best thing for your child’s health, safety, and well-being, including: The judge wants to establish a parenting plan that is the best possible arrangement for your child. As the child gets older, increased visitation or parenting time may be appropriate, or in case of continued abuse of the child or illicit substances, decreased visitation or parenting time may be appropriate. Alabama’s Two Standards Used to Modify Child Custody. Dagney holds a J.D. You can also submit your questions to our discussion forum and receive answers form attorneys and other parents. There has been a material or substantial change in circumstances affecting child custody; Changing the custody order is in your child’s best interests; and. Sometimes, one parent may wish to modify an existing child custody or visitation order. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” You should absolutely speak with a lawyer about returning to court and altering the child support order. The law conditions the custody decision on a judge finding that the husband is … This is an appeal from a child custody case in Madison County, Alabama. Child Custody Laws. When it comes to child custody modification in the state of Alabama, these cases will carry a heavy burden of proof from the parent requesting the modification. The benefits of altering the custody order outweigh the inherent disruption that results from the change. If you go to the court to try and modify the custody agreement and you cannot establish the three elements above, you will have wasted your and court’s time. However, to modify your child custody order, you must file … One parent moves further away from the parent or out of state. Alabama requires the parent requesting the modification to demonstrate a list of things in order for them to … In 1984, the Alabama Supreme Court established a rule, called the McLendon standard, by which petitions for custody modifications should be reviewed; if the original order was not one for joint custody, and the noncustodial parent seeks to modify the order, then that parent must establish that the positive good brought about by the modification must more than offset the inherently disruptive effect caused … Custody modification tends to be a contentious issue and rarely allows for compromise.In such cases, the parties will argue their respective views and present supporting evidence in court. If you or your co-parent seeks to modify the current child custody order in place, you are probably curious about what the modification process looks like. Explain the standard for modifying a child custody order in Alabama; Analyze whether you are likely to obtain a modification OR the best way to defend against a modification request; When necessary, gather and fill out the correct modification of custody forms (PS-07: Request to Change the Current Custody or Visitation Order); Properly file the child custody modification forms OR respond to a modification request; Vigorously argue for a modification of your current child custody schedule OR against a request modification; and. If you wish to change the custody and visitation schedule in place, you must go to court with evidence that circumstances have substantially changed and that altering the schedule is the best thing for your child. The nature and relationships of the parents and the people in their lives; The parents’ character, stability, and mental and physical health; The parents’ relationships with each other and the child; Any interference by either parent with the relationship between the other parent and child; The wishes of the child, if relevant based on age and maturity. A change to custody may be appropriate if a custodial parent’s move will drastically reduce the parent’s time with the child, the child’s relationship with siblings or half-siblings, or the child’s relationship with a non-custodial parent or extended family. Additional payment options are available in the divorce portal. A parent repeatedly chooses not to follow the current parenting plan. After the other parent is served with the complaint, they have typically 30 days to respond. In assessing the danger to the child, a court will consider the following factors: Domestic violence in the parent's … The child’s needs and/or preferences have changed. Child custody cases can be complicated, both factually and emotionally. If you wish to change the child custody order, you should speak with an attorney first. Homepage » Child Custody Lawyers in Birmingham, AL » Modification of Child Custody in Alabama. A custodial parent may start working at night and leave the child at home alone. For a judge to approve a change in your current child custody order, you or the other parent must prove: This is a high hurdle. Which standard applies? However, this high hurdle also works in your favor if your child’s other parent attempts to alter the current custody order for an insignificant reason. Whether you are the parent seeking a child custody modification or your child’s other parent is requesting a modification you disagree with, our family law attorneys at Alabama Divorce & Family Lawyers, LLC are here to help. It is important to understand the Alabama laws governing child custody, particularly the grounds for custody modification.Hiring an experienced attorney who can help you navigate the domestic court system and explain the grounds for child custody modification in Alabama is a good first step to fighting for your child’s best interests. If you went from being the non-custodial parent to the custodial parent, then you may be owed support instead. Some reasons you may want to modify a child custody or visitation order include, but are not limited to: One parent moving out of state; You think your child is in danger; Failure to follow the current court order; and; Death or incarceration of the custodial parent. Sharing is caring: Sometimes after custody is awarded circumstances with the parents change. Our Alabama Divorce Source is a resource to get you the state-specific divorce information you need. In Whitehead v. Whitehead, decided by the Alabama Court of Civil Appeals on February 12, 2016, the Court does a really good job of explaining the two standards for custody modification. The benefits of changing the previous custody order would offset the disruptive effect of the change in custody. 2170 Highland Avenue, Suite #250Birmingham, AL 35205. Courts are loath to disrupt the status of a child's custody situation. The factors a court considers include: The court will take into account the testimony and evidence submitted related to any of the above factors.If the court determines that it is in the best interest of the child to do so, it will issue a custody modification order. Begin drinking heavily or abusing drugs making them unable to care for the modification to.. 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