Alabama Sample Letter for Notification of Hearing
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FAQ
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.
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.
(a) NOTICE OF APPEARANCE. Before or at a first appearance in any court on behalf of a defendant, an attorney, whether privately retained or appointed by the court, shall file a notice of appearance or, in lieu thereof, the court shall note of record the attorney's appearance.
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.
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.
Hearing Process: Please note that an inmate will not be present for a parole hearing. However, a pardon applicant may be present. Anyone present on behalf of the offender will be allowed to speak first and give any explanation as to why the offender should be granted parole or a pardon.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Under Alabama law, joint legal, joint physical, sole legal, and sole physical custody are options for separated parents, and the grandparents' visitation rights are recognized. Additionally, courts will consider the wishes of the child in custody matters.
