Child Custody and Child support

Child Custody is often the most important part of any divorce or relationship. Child Custody in Alabama is determined either by agreement of the divorcing couple, parents, or by the order of a judge in a divorce or custody trial. Custody cases and child support are also available to unmarried parties seeking custody, visitation, or other orders from the court regarding their children. 

Understanding your rights and the law on Child Custody in Alabama are extremely important during your divorce or Custody battle. Just because you are a mother or father does not mean you will automatically receive Custody. Typically, Judges in Alabama split Custody of Children 50/50 as often as possible unless there are exigent circumstances present. If you feel that your spouse is not a reliable parent or your children will not be safe with them, be sure to hire an Alabama Child Custody Attorney to defend your rights.

Child Custody can be modified after a divorce or initial custody proceeding, due to new circumstances arising. It is important to always fight for your children, even after the divorce or initial custody determination is final.  If you feel you deserve full custody of your children, contact the Travis Johns Law Firm.

It is important to note that not all situations call for a child custody change and it is important that you have an Alabama Custody Lawyer on your side. 

Courts in Alabama operate off two different standards for child custody, which take effect at different times. If a parent has already been awarded Primary Physical Custody of a child, the other parent must show that a "material change in circumstances" has occurred, using the McLendon standard. McLendon is an Alabama Supreme Court case from 1984 which lays out what constitutes a material change in circumstances that justify a change in custody. These cases are not easy to prove and take extensive litigation and effort to have a court make the change you request. Hiring a Mobile Alabama Custody Attorney will help your odds tremendously.

If a parent has not yet been awarded Primary Physical Custody, the Court will look to the Couch Standard, which is also known as "the best interest of the child" standard. These situations apply to Initial Custody Petitions (never had a judge enter an order about custody previously), Divorces with children, and cases where the parents share Joint Physical Custody (50/50). In these cases, the Court will determine what is in the best interest of the child and which parent the child is most stable, safe, and comfortable in. 

Having an Alabama Child Custody Attorney in your corner that understands local courts in Mobile, Baldwin, and other South Alabama Counties will help you navigate the legal system and ensure all of your evidence is put forth.