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Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. These orders are used a way to prevent arguments between parents about custody related issues and can provide a method of recourse if a parent fails to comply with custody arrangements.
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.
Alabama does not have an established age where the judge must listen to the child's input about where they will live. Instead, the judge decides if they believe the child is mature enough to form an opinion on this topic before considering the child's wishes. Even then, this is only one factor in the court's decision.
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.
Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.
(a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it. (b) Abandonment of a child is a Class A misdemeanor.
If all children in the court order have reached the age of majority (19), you can terminate the Income Withholding Order for Child Support, if no arrearage is owed. Complete and return to the Clerk's Office a Motion to Terminate the Income Withholding Order (Affidavit for Termination of Withholding Order for Support).
Factors in Determining Spousal Support A court in Alabama cannot generally impose alimony for longer than the length of the marriage, and the most basic standard is that a party should receive one year of alimony for every three years of marriage.