The process of divorce is often complex, as it involves many different facets. When a couple has children together, this can include matters of child custody. When children are involved in a divorce, the proceedings can become more emotional and difficult. There are some cases in which spouses can work with one another to reach a decision regarding custody. In other cases, they may need the assistance of the court to do so for them. Continue reading below to learn more about custody and contact an experienced Alabama family law attorney for help with your case.
What are Types of Custody?
There are a variety of different types of custody available to parents in Alabama. This can include:
- Physical Custody: When a parent is awarded physical custody, it means the child spends the majority of their time with them. This allows this parent the right to have the child live with them and manage their everyday life. It is important to know the parent without physical custody is still allowed visitation.
- Legal Custody: This allows both parents to be involved in their child’s life, as it gives parents the right to make decisions regarding the child’s upbringing. This can include matters such as healthcare, religion, academics, and the general welfare of the child.
- Joint Custody: Courts usually want both parents to be involved in their child’s life. They believe it is in the child’s best interest to have a relationship with both parents. With that said, the court understands that this may not always be possible.
- Sole Custody: This means one parent has both legal and physical custody of the child. This type of custody is usually rare, however, it may happen if one parent is deemed “unfit” or if they have the potential to endanger the child. It is important to know that even in these cases, the other parent may still be allowed visitation rights.
How is Custody Determined?
When a judge determines custody, they will consider several factors regarding the family’s circumstances. This may include but is not limited to:
- If a parent can provide a stable home
- If the parent will act in the child’s best interest
- The relationship between the child and each parent
- Any history of abuse
- The needs and safety of the child
- The preference of the child if they are of sufficient age
Contact our Firm
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firmtoday to schedule a consultation.