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The plaintiff is the parent who opens the case. The defendant is the parent who responds. Only the plaintiff pays a filing fee. Ask your local court clerk what filing a case there costs (usually about $300).
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.
Fathers, like all parents, have a constitutional right under Alabama child custody law to a relationship with their child. Likewise minor children have a complementary fundamental right to free association with their parents, including their father.
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.
How Do You Request an Emergency Custody Hearing in Alabama? To get emergency full custody of your child, you must request a hearing with a judge. This involves filing petition paperwork with the court, which will grant you an emergency hearing if it is warranted.
In Person in Alabama: You may go to any county health department in the State of Alabama to obtain a certified copy of an Alabama divorce certificate. Most divorce certificates can be issued while you wait. A map showing locations of county health departments where vital records may be obtained is available.
In Alabama, child custody can be shared by unmarried parents or given to just one. Alabama law presumes that joint custody is in the best interest of the child, so judges always consider it first when making custody rulings for unmarried parents.
The main Alabama forms for an uncontested divorce include: the divorce complaint. a summons. your signed marital settlement agreement, and. an notarized affidavit ("Plaintiff's Testimony") for declaring certain facts about your marriage.