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This act shall be known and may be cited as the "Alabama Parent-Child Relationship Protection Act" and promotes the general philosophy in this state that children need both parents, even after a divorce established in Section 30-3-150, Code of Alabama 1975.
For children who have been in care 12 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.
You must fill out and file a court form. If you already have custody and support orders, fill out a Petition for Visitation Orders. What if I was never married to the mother of the children? If you are not listed as the legal father of the child/ren, you will have to prove to the court that you are the father.
Under Alabama law, custody of any child(ren) of the marriage may be granted jointly or to either parent by court decision (order). Because joint custody is presumed to be in the best interests of the child(ren) in Alabama, the judge shall consider joint custody in every case.
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.
In the 2-2-5-5 schedule, the child has two days with one parent, two days with the other, then five days with one, five days with the other. An older child may spend one week with one parent, then the next week with the other. The exchange often happens at the end of the school week. This is called alternating weeks.
There is no age at which the child can legally refuse visitation until they are no longer a minor. However, if your child has valid reasons for wanting to avoid visitation, such as if visitation is not in the child's best interest, it may be possible to have the court-ordered visitation agreement modified.
Voluntary termination by one or both parents is typically for adoption. You may give up your parental rights for your child's step-parent to adopt them. Or, you and your child's other parent may sign over your rights for your child to be adopted by an individual or couple better able to care for them.