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Factors That Courts Consider When Making Custody DecisionsPhysical possession is rarely (if ever) divided 50/50 by a family court in Alabama. Instead, the judge takes a number of factors into account to determine what schedule would be in the best interest of the child.
Fathers Rights in Alabama. Alabama's child custody laws guarantee parents a constitutional right to have a relationship with their child. Minor children likewise have a right to free association with their parents, which include fathers.
Rights of Unmarried Parents in AlabamaAn unmarried mother has the natural or primary right to custody of children born outside marriage. This means that the mother has the legal right to keep her children and take care of them.
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.
There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
In addressing the various aspects of custody, Alabama law favors joint legal custody as the preferred outcome. That's because it usually leads to children having frequent and continuing contact with their parents and enables parents to share the rights and responsibilities of raising their children.
If the father is not listed on the birth certificate, his paternity can be challenged, so proving that he is the biological father will be necessary. An unmarried father, upon proving that he is the child's biological father, must also file a petition with the court to receive custody and visitation rights.
Can an unmarried father legally take the child from the mother? In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.
Many people believe that a father cannot get custody in Alabama. In the past, the law in Alabama favored the mother over the father, regardless of the facts and circumstances of the child custody case. This is no longer true. In Alabama, child custody is now decided based upon the best interests of the children.
Do unmarried fathers have rights to their children? The fundamental legal principle that underlies fathers' rights in Alabama is that both the father and mother have rights as well as responsibilities to their children.