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Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Ala. Code § 30-3-1 (1975).
Write professionally, but in your own voice ? don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence ? include only information that you have personal knowledge of.
In cases where parents have joint legal custody and one of those parents desires to change custody, the burden of proof falls upon him or her. That proof must be presented before the court. Under Alabama law, the grounds for custody modification are based on what is known as the McLendon standard.
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.
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.
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.
Is 50/50 Custody in Alabama? Yes, Alabama is a 50/50 child custody state. A judge will usually grant joint custody to both parents unless there is a convincing reason not to. Alabama favors joint custody but not equal physical custody.
Methods for Establishing Paternity in Alabama The first, and easiest, method for establishing paternity is known as ?voluntary.? Voluntary paternity involves the mother and father of a child both agreeing to sign a form establishing that the putative father is the legal father of the child.