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Grounds for Child Custody Modification in Alabama For a judge to approve a change in your current child custody order, you or the other parent must prove: 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.
One question that is often asked in custody cases arises from a common misunderstanding in the public. That question is "When can a child decide which parent will have custody of them?" The answer to that question from a legal viewpoint is NEVER.
Pendente Lite Custody in Alabama These motions ask the court to issue temporary orders addressing issues that arise while a divorce is pending. The court may address child support, child custody, alimony, and restraining orders. However, temporary orders can set the status quo for permanent custody determinations.
There is no specific age when Alabama courts must consider a child's opinion.
File for custody. 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.