Child Custody Attorneys in Daphne, AL
For parents facing divorce, child custody can be one of the most contentious issues to resolve. This issue is obviously significant and can change the course of one’s entire life. Most parents work tirelessly to establish a positive relationship with their children.
A parent’s time with their children is precious. The idea of not seeing one’s child every day can be unbearable. Furthermore, there is often an underlying difference in opinion regarding the other party’s entitlement to custody, reaching a fever pitch and leading many divorcing spouses to court.
While some can agree to terms through mediation and other alternative dispute resolution methods, some are just not able to set aside the emotion and animosity of it all. The goal of the court is to act in the best interest of the child. This means that they will decide on the facts of the case with a focus on mitigating the impact of the divorce on the child.
Both parents have equal footing in court. Whether a parent worked while the other stayed home to care for the children or both were employed, the court should not prefer one over the other before hearing the case.
When facing such an important legal issue, having the right attorney is in your best interest. Stone Crosby, P.C. is one of Daphne’s oldest law firm, with over 100 years of high caliber service to clients across the state. If you need a dedicated law firm, contact a name you can trust. Contact Stone Crosby, P.C.
Physical and legal custody
Alabama courts will always act in the best interest of the child. When it comes to custody laws in the state, there are two general terms; physical and legal custody. Physical custody is where the child will reside. Legal custody is the right to make the important decisions in a child’s life. Some couples can agree to terms and, for the most part, the state will honor the agreement if it meets the best interest of the child. Others need to have a court decide for them.
Joint custody
Generally speaking, Alabama believes that the child’s best interests are met when they have ongoing and continuing contact with both parents. The state believes that a child does best when parents continue to share in the rights and responsibilities of caring for the child, even though they may not be married anymore. With this in mind, a court will assess the practicality of a joint custody arrangement. The court will take into consideration various factors to come to a decision, including, but not limited to:
- Any joint custody agreement already in place
- The ability of the parents to cooperate and make decisions together
- The ability of the parent to encourage a positive relationship between the child and the other parent
- Any history of abuse, domestic violence, or kidnapping
- The geographic proximity of the parents
If this arrangement is possible, the court will decide on which parent acts as the authority for the family if the couple cannot agree to legal decisions regarding school, religion, academic and other significant matters in the life of the child.
Sole custody
When joint custody is not possible, the court will consider other options, including sole physical and/or legal custody. When a parent loses physical custody or legal custody, the familial relationship can be impacted greatly. Full custody, or sole custody, may be an option if one parent relinquishes his or her rights or is deemed to be unfit because of a history that courts believe exposes the child to danger. Even in these drastic situations, a parent still has visitation rights, though limited and often supervised.
Contact Stone Crosby, P.C.
If child custody is a contested issue in your divorce, it is important to discuss your legal matter with an experienced attorney. Stone Crosby, P.C. recognizes the significance of child custody cases. Our firm is comprised of effective and compassionate lawyers with a breadth of experience helping clients through child custody cases. Contact our firm to discuss your legal matter.
