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. This field is for validation purposes and should be left unchanged. 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. Find out more below. The Alabama child support guidelines do not specifically address the problem of establishing a support order in joint custody situations. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Posted: (2 days ago) 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. 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. The non-custodial parent can request a change in custody with the help of a Nampa divorce attorney. That depends on the facts of your case. Child custody modifications for Alabama fathers. The benefits of altering the custody order outweigh the inherent disruption that results from the change. 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. We will guide you through this process and assist you in seeking the best possible arrangement for your child. The parties were divorced in 2008. The best way to increase your chances of getting custody of your minor children is to live the Alabama child custody law. However, to modify your child custody order, you must file … Our attorneys at Alabama Divorce & Family Lawyers, LLC are highly experienced in child custody modification cases. You need to have a child custody plan in place that is manageable for both you and the other parent. 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. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent’s home. If the other parent agrees to make some changes, we can represent you in negotiating these changes outside of court or through mediation. If you went from being the non-custodial parent to the custodial parent, then you may be owed support instead. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed. The child’s needs and/or preferences have changed. The wishes of the child, if applicable based on age and maturity; The nature of the relationship between each parent and the child; Any interference by either parent with the relationship between the other parent and child; The nature of the relationship between the parents; The nature of the relationship between the parents and other people in their lives; The character, stability, and mental and physical health of the parents. The standard requires the parent seeking a … Our Alabama Divorce Source is a resource to get you the state-specific divorce information you need. Experts agree that children of divorce typically fare better when both parents remain involved in their lives. It is much better to fight from the beginning than to go back and try to change a pre-existing Alabama order. At Alabama Divorce & Family Lawyers, LLC, we have handled cases involving changing custody from a mother to a father. 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 … 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. Fight for the best possible outcome for you and your children in a child custody modification case. 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. Yet, a child custody order may not be the right arrangement for your family one, two, or five years down the road. 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. Naturally the needs of children change with age. 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. On this page you can locate Alabama divorce lawyers, mediators, and other professionals as well as learn about the Alabama divorce laws and related family law issues like, child custody, visitation, child support, alimony, and property division. 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. 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. 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. 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. 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. 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. The non-custodial parent is now better able to provide for their child. You must apply the child custody test to every decision that you make which affects the minor children. Like other states, there are specific grounds for child custody modification in Alabama. Changes in the custodial parent’s lifestyle which threaten or harm the child are also grounds for modification. By Lina Guillen, Attorney. 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. 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 … Sometimes, one parent may wish to modify an existing child custody or visitation order. 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. 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. Alabama requires the parent requesting the modification to demonstrate a list of things in order for them to … It is then up to the judge to determine whether modification is allowed under Alabama law. Alabama considers joint custody orders to be in the best interests of the child where possible. 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. 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 … How the process is accomplished depends upon whether or not the other parent agrees to modification. Custody modification tends to be a contentious issue and rarely allows for compromise.In such cases, the parties will argue their respective views and present supporting evidence in court. If the changes are substantial enough though, the judge may change who the custodial guardian is. The non-custodial parent has a high burden of proof to meet. You are here: Divorce & Family Law >> Child Custody >> Modification Of Child Custody Orders Modification Of Child Custody Orders. Which Factors are Considered in a Custody Proceeding? A change to custody may be appropriate if a custodial parent’s move will drastically reduce the parent’s time with the child, the child’s relationship with siblings or half-siblings, or the child’s relationship with a non-custodial parent or extended family. 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. Maybe you don’t have custody of your child, but you want to have custody or at least joint custody with the other parent. Modifying a Custody and Visitation Order in Virginia Posted on February 12th, 2020, by Lindsay Connolly in Custody, Family Law. One of our attorneys will speak with you about your case and determine whether we can represent you. 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. No Comments. Whatever your current circumstances or your relationship with your co-parent, we are here to help. If you wish to change the child custody order, you should speak with an attorney first. Dagney holds a J.D. 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. They may begin drinking heavily or abusing drugs making them unable to care for the child. In Alabama, child custody modification is governed by two Alabama court cases: Ex parte McLendon and Ex parte Couch. Once the complaint and response are filed with the court, the parties will participate in discovery, including potentially sitting for depositions. When you make a decision that affects the minor children, ask yourself if that decision is in their best … 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. Custody Modifications. Modifying child custody can be done, but it is difficult. 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. For modifying spousal or child support order in joint custody situations you in seeking the best way increase. Birmingham School of law and was admitted to practice law in 2003 posted may 25 2020. 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