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First Petition for Child Custody Form PS-05: Use this form only if this is the FIRST custody order for your children. To CHANGE an order, use form PS-07 above. Important! You MUST file this form in the same county where the children live.

You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.

Generally, a custodial parent (the parent with primary physical custody) has the right to relocate with the child out of state. But this right isn't absolute and in certain cases a court may prevent one parent from relocating to protect a child.

In Alabama, courts understand the role both parents play in a child's life and, if possible, prefer to grant joint custody. However, ing to Alabama Code § 30-3-2, the courts may give custody to either the father or the mother.

Only the plaintiff pays a filing fee. Ask your local court clerk what filing a case there costs (usually about $300). If you can't afford the filing fee, complete an Affidavit of Substantial Hardship, sign it in front of a notary and submit it to the court. The defendant doesn't pay to respond.

How long does it take to get a divorce? An uncontested divorce usually takes about 6-10 weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not.

In Alabama, Contempt/Rule Nisi Petitions involve filing a claim against a former spouse and/or parent for failure to comply with a court order. Below is a list of issues commonly involved in Contempt Rule Nisi Petitions: Failure to pay child support.

An uncontested divorce will cost approximately a few thousand dollars. If your divorce is contested and there are many issues to resolve, you can expect a cost ranging from $14,000 to $20,000 or more. An uncontested divorce costs less than a contested divorce because there are fewer legal issues to resolve.