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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.
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.
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.
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.
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.