When parents file for a divorce, one of the most important items they need to discuss is child custody. Most separated couples may reach a reasonable arrangement for both parties, but some require court assistance to obtain a fair ruling.
Learning about child custody laws in Alabama can help parents understand how the general process works.
Understanding the differences between legal and physical custody
Alabama recognizes legal and physical custody as its two types of arrangements.
Legal custody refers to possessing the right to make decisions regarding a child’s education, health care, extracurriculars and religion. Depending on the judge’s verdict, parents may have either of the following setups:
- Joint legal custody: Both parents can decide on their child’s upbringing.
- Sole legal custody: Only one parent is responsible for the child’s lifestyle.
On the other hand, physical custody covers the child’s living situation. This splits into two arrangements:
- Joint physical custody: Both parents may have frequent contact with their child but may not have equal time splits.
- Sole physical custody: One parent has primary physical responsibility for the child, while the other has visitation rights.
The judge will determine the appropriate child custody arrangement in court.
Determining child custody arrangements
A judge considers multiple factors to decide what they think is best for the child. These may include, but are not limited to, the following:
- Home environments of each parent
- Gender and age of the child
- Characteristics of parents
- Relationship between each parent and their child
- Ability of each parent to provide for their child’s needs
After carefully considering these factors, the judge will decide on the most suitable arrangement for the family.
Planning visitation schedules
When the judge rules on joint physical custody of the child, the parents must have a reasonable visitation schedule to comply with the law. This agreement outlines the amount of time each parent can spend with the child, ensuring that the child maintains a continuous relationship with each party.
Most parents rely on the default visitation rules, depending on their county of residence. However, some parents form a shared schedule that may have a few tweaks from the default.
Finalizing the arrangement
Parents can agree with the court’s decision on their child custody arrangement. Both parties may prepare for the changes accordingly and ensure their child gets the care they need.
Alternatively, parents can disagree with the ruling, which could lead to a hearing where both parties must present evidence to gain custody of the child.
Either way, navigating child custody could be overwhelming. Receiving an unfavorable court verdict may add stress to an already difficult situation. To handle custody issues more smoothly, separated parents may seek advice from a family law attorney.