If you can demonstrate to the court that the child’s needs have changed, you may have grounds for a custody modification. The best way to increase your chances of getting custody of your minor children is to live the Alabama child custody law. It also needs to provide your child with stability and the right environments to grow and mature. Alabama considers joint custody orders to be in the best interests of the child where possible. Essentially, the court can modify your child support obligation if there is a substantial and continuing change in circumstances that would result in a 10% change from your current obligation. The benefits of altering the custody order outweigh the inherent disruption that results from the change. After the other parent is served with the complaint, they have typically 30 days to respond. If you wish to change the child custody order, you should speak with an attorney first. Grounds for Child Custody Modification in Alabama The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. This is an appeal from a child custody case in Madison County, Alabama. Child Custody Laws. In Whitehead v. Whitehead, decided by the Alabama Court of Civil Appeals on February 12, 2016, the Court does a really good job of explaining the two standards for custody modification. from Birmingham School of Law and was admitted to practice law in 2003. Modify Child Custody or Visitation in Alabama. They may begin drinking heavily or abusing drugs making them unable to care for the child. Many child custody modifications brought by the non-custodial parent result in them gaining more visitation or physical custody, while the custodial parent receives less time with the child. 2170 Highland Avenue, Suite #250Birmingham, AL 35205. If you pay child support, but your amount of physical custody has increased, you may need to ask a court to decrease your obligation, though this is not guaranteed. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. In order to change child support (by itself – not in conjunction with requesting a change in visitation or custody) is governed by Rule 32(A)(3) of the Alabama Rules of Judicial Administration. When the other parent wants a modification and you disagree, you need to prepare to prove that altering the current arrangement is too disruptive and detrimental to your child. However, this high hurdle also works in your favor if your child’s other parent attempts to alter the current custody order for an insignificant reason. If the changes are substantial enough though, the judge may change who the custodial guardian is. Homepage » Child Custody Lawyers in Birmingham, AL » Modification of Child Custody in Alabama. Our attorneys at Alabama Divorce & Family Lawyers, LLC are highly experienced in child custody modification cases. When you make a decision that affects the minor children, ask yourself if that decision is in their best … If a child develops a mental, emotional, or physical disorder, and one parent is better suited to care for the child, that could also provide a reason for a judge to change custody. Modifying child custody can be done, but it is difficult. If you have child custody modifications and you are not ready to call a lawyer, post them to our community discussion forum. Fight for the best possible outcome for you and your children in a child custody modification case. You need to have a child custody plan in place that is manageable for both you and the other parent. Or, you can submit your questions to our online discussion forum. If your child's other parent has filed a lawsuit against you for custody of your child, you are going to be the defendant in that case. Disclaimer: Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. Explain the standard for modifying a child custody order in Alabama; Analyze whether you are likely to obtain a modification OR the best way to defend against a modification request; When necessary, gather and fill out the correct modification of custody forms (PS-07: Request to Change the Current Custody or Visitation Order); Properly file the child custody modification forms OR respond to a modification request; Vigorously argue for a modification of your current child custody schedule OR against a request modification; and. Circumstances may change, not to mention, what your child needs can change drastically as they grow up. Many fathers in the state of Alabama feel frustrated that they do not have enough time with their child because of the current child custody set-up. The Dagney Johnson Law Group has been representing individuals in Alabama for almost 40 years.We understand that child custody cases can be complicated and gut wrenching.We can help you prepare evidence to establish grounds for child custody modification or to argue against it.We will be there to represent you and your family in court, and we will do our best to ensure that you get the best outcome for your case.Contact us today for a free consultation. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. When it comes to child custody modification in the state of Alabama, these cases will carry a heavy burden of proof from the parent requesting the modification. If you are a co-parent and you believe it is time for the parenting plan to change, contact Alabama Divorce & Family Lawyers, LLC online or give us at a call at (205) 255-1155. When your time with your child decreased and you already paid support, your child’s other parent may ask for an increase in your obligation. If you have an existing court order for custody (conservatorship) and visitation and need to change it, then you must obtain a new court order. No matter which standard the court applies, it will need to consider the child’s best interests to determine whether to modify custody. To seek modification, a parent must first file a complaint in the correct jurisdiction. This is a relatively high standard to meet. Laws typically prohibit any modification within a year of the divorce unless the child's health is in danger or the custodial parent has let the child live with the other parent for most of the year. In 1984, the Alabama Supreme Court established a rule, called the McLendon standard, by which petitions for custody modifications should be reviewed; if the original order was not one for joint custody, and the noncustodial parent seeks to modify the order, then that parent must establish that the positive good brought about by the modification must more than offset the inherently disruptive effect caused … Sharing is caring: Sometimes after custody is awarded circumstances with the parents change. THE EX PARTE MCLENDON STANDARD IS USED IN CHILD CUSTODY MODIFICATION CASES. Call us at (205) 255-1155 or use our online form to request a free consultation. However, to modify your child custody order, you must file … Alabama requires the parent requesting the modification to demonstrate a list of things in order for them to … Depending on your situation, you may file a petition in court for a modification of custody or your child’s other parent may do so. There are many reasons why you or your child’s other parent may ask the court to modify the current child custody schedule, including: If you want to change your current child custody schedule, yet you are not sure your reason is a significant enough change in circumstances, then contact us at Alabama Divorce & Family Lawyers, LLC. If you or your co-parent seeks to modify the current child custody order in place, you are probably curious about what the modification process looks like. Like other states, Alabama law places the best interests of the child front and center in all matters related to child custody. Alabama’s Two Standards Used to Modify Child Custody. Child custody cases can be complicated, both factually and emotionally. Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: To successfully modify an Alabama child custody order under McLendon, you must establish all three conditions. Child Custody Modifications in Birmingham Child custody arrangements do not work forever. This complaint will outline the reasons custody should or can be modified. This is an introduction to child custody laws in Alabama. Copyright © 2021 Alabama Divorce & Family Lawyers, Clergy, Teacher, and Other Institutional Abuse, Child Support After the Death of a Parent, Effect of Financial Windfall on Child Support, When Child Support or Alimony are Not Ordered. Some reasons you may want to modify a child custody or visitation order include, but are not limited to: One parent moving out of state; You think your child is in danger; Failure to follow the current court order; and; Death or incarceration of the custodial parent. Supervised Visitation & Child Custody . Dagney holds a J.D. You can also submit your questions to our discussion forum and receive answers form attorneys and other parents. Child custody modifications for Alabama fathers. Many divorces can be completed in this time. How the process is accomplished depends upon whether or not the other parent agrees to modification. 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. If you want to change your order, you and the other parent will probably have to meet with a mediator to talk about why you want the order to change before you go to the court hearing. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed. If your child custody arrangement changes significantly, you should speak with an attorney about the current child support order. One parent moves further away from the parent or out of state. Yet, a child custody order may not be the right arrangement for your family one, two, or five years down the road. Changes in the custodial parent’s lifestyle which threaten or harm the child are also grounds for modification. Alabama law states that when a state court judge grants a divorce , “custody and education” of the children may go to either parent considering what is “right and proper,” “moral character and prudence” and the kids’ ages and genders. In Alabama, as well as most other states, you have the ability to modify custody under certain circumstances. After discovery, some judges require the parties to complete mediation.Mediation is the process by which parties attempt to resolve the dispute outside of court. Courts are loath to disrupt the status of a child's custody situation. The nature and relationships of the parents and the people in their lives; The parents’ character, stability, and mental and physical health; The parents’ relationships with each other and the child; Any interference by either parent with the relationship between the other parent and child; The wishes of the child, if relevant based on age and maturity. instruction : alabama child custody petition (form asbps-05) The Alabama Petition for Child Custody is the form required for Alabama residents seeking custody of their children through the court. The court can look at numerous factors when deciding whether a change is the best thing for your child’s health, safety, and well-being, including: The judge wants to establish a parenting plan that is the best possible arrangement for your child. Whatever your current circumstances or your relationship with your co-parent, we are here to help. The law conditions the custody decision on a judge finding that the husband is … Modification of child custody. Naturally the needs of children change with age. Posted May 25, 2020 by Steven Harris | Divorce. There are many reasons why a custody arrangement established when a child was born or a young age would need to change as the child gets older. If custody was initially determined during divorce proceedings, a modification will typically be filed in the same court.If custody is determined outside the context of a marriage, a claim for modification will be heard by a court in the jurisdiction where the child has lived for at least six months prior to the filing of the complaint. A parent’s new job results in a different schedule. The most common situations requiring post-divorce modifications are children and money. By Lina Guillen, Attorney. Virginia Code § 20-108 allows for modification of a custody or visitation order when (1) there has been a material change of circumstances and (2) it is in the best interest of the children to modify custody or visitation. Updated: Apr 9th, 2015 If your ex-spouse's negative behavior is affecting your child, a court can intervene. This is a significant disruption to a child, however, there are many times when a father is better able to provide the child and offer a safe, stable, and loving home. One of the main reasons why a court will consider a child custody modification if the child is in immediate danger in the current household. One of our attorneys will speak with you about your case and determine whether we can represent you. In either case, we recommend hiring an experienced child custody lawyer to represent you. The factors a court considers include: The court will take into account the testimony and evidence submitted related to any of the above factors.If the court determines that it is in the best interest of the child to do so, it will issue a custody modification order. Let us help you obtain the best possible arrangement for your family. That will be a custody schedule in which the child can thrive in a nurturing and loving environment while also maintaining close and healthy relationships with both parents. You should absolutely speak with a lawyer about returning to court and altering the child support order. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. It is much better to fight from the beginning than to go back and try to change a pre-existing Alabama order. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Furthermore, no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Once an Alabama court has decided a child custody issue, it is difficult to obtain a modification. If you are a dad and you believe it is time you gained a greater amount of physical custody or you want full custody of your child, call us right away. A parent repeatedly chooses not to follow the current parenting plan. Because everyone’s lives evolve, courts recognize that child custody orders need to be modified from time to time. If the current custody order provides joint custody, the court will apply the Couch standard to a request to modify.Conversely, if one parent has primary custody and the non-custodial parent files to modify the current custody order, the court will apply the McLendon standard. For a judge to approve a change in your current child custody order, you or the other parent must prove: This is a high hurdle. A custodial parent may start working at night and leave the child at home alone. If successful, mediation saves the parties both the added time and cost of litigation. It is important to understand the Alabama laws governing child custody, particularly the grounds for custody modification.Hiring an experienced attorney who can help you navigate the domestic court system and explain the grounds for child custody modification in Alabama is a good first step to fighting for your child’s best interests. In addition to its own state child custody laws, Alabama is one of many states that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which dictate that each state must honor and enforce child custody determinations made by courts in other states. Find out more below. The parties agreed that the mother would not be required to pay child support because she only maintained part-time employment at the time of the divorce. The Alabama child support guidelines do not specifically address the problem of establishing a support order in joint custody situations. The non-custodial parent can request a change in custody with the help of a Nampa divorce attorney. Plus complimentary access to the divorce portal forum, and support groups. If the other parent agrees to make some changes, we can represent you in negotiating these changes outside of court or through mediation. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent’s home. If you’re ready to hire a family attorney, there are many ways of getting in touch: When you are a co-parent, one of the most important things is to have a parenting plan that works well for everyone. Customized divorces and complex cases can range from $5,000 to more than $100,000, depending on a variety of factors, such as case complexity, assets, and child custody. *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 117, Email: advice@alabamadivorceandfamilylaw.com. That depends on the facts of your case. Child custody modification cases involving situations where divorced parents have joint legal custody, carry a strict and heavy burden of proof in order to obtain a change in custody. Once the complaint and response are filed with the court, the parties will participate in discovery, including potentially sitting for depositions. No Comments. The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. The non-custodial parent is now better able to provide for their child. Grounds for Custody Modification. The Alabama State Bar requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. You must apply the child custody test to every decision that you make which affects the minor children. Although mediation is ideal, child custody cases rarely resolve outside of court. The non-custodial parent has a high burden of proof to meet. The standard in Alabama was set in the 1984 case of Ex parte McLendon. We will guide you through this process and assist you in seeking the best possible arrangement for your child. You are here: Divorce & Family Law >> Child Custody >> Modification Of Child Custody Orders Modification Of Child Custody Orders. Sometimes, one parent may wish to modify an existing child custody or visitation order. Whether you are the parent seeking a child custody modification or your child’s other parent is requesting a modification you disagree with, our family law attorneys at Alabama Divorce & Family Lawyers, LLC are here to help. In Alabama, there is a specific provision in the custody law that states that if the wife has abandoned the husband, the husband will have custody of the child after the child reaches the age of seven. If you go to the court to try and modify the custody agreement and you cannot establish the three elements above, you will have wasted your and court’s time. Under what is known as the McLendon standard, a parent who seeks to modify child custody must demonstrate that: There has been a material or substantial change in circumstances that affect child custody; It is in the best interest of the child to … A parent believes the child is neglected in the other parent’s custody. Under Alabama law, joint custody is an … If you or your co-parent plans to seek a modification of child custody in Alabama, you should consult with an experienced Birmingham, Alabama child custody lawyer to determine what you need to do to protect yourself and your child. Reasons to modify child custody in Alabama include a parent moving out of state, neglecting parental duties, the child is in danger, and more There has been a material or substantial change in circumstances that affect child custody; It is in the best interest of the child to modify the previous custody order; and. Which Factors are Considered in a Custody Proceeding? Such a situation may be considered by the court as a reason for deviating from the guidelines in appropriate situations, particularly if physical custody is … Modifying a Custody and Visitation Order in Virginia Posted on February 12th, 2020, by Lindsay Connolly in Custody, Family Law. Which standard applies? 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