Child Custody Lawyers in Birmingham, AL Ensuring Your Custody Agreement is in the Best Interests of You and Your Child
When a divorce happens, the best thing you can do for your family’s future is to enlist the assistance of Alabama child custody lawyers. When kids are a part of it, it’s hard, but our lawyers can help ease the process and explain to the judge your concerns and rights. Child custody lawyers can also assist spouses in obtaining the help to resolve custody issues. If you can’t come to an agreement outside of court, a child custody attorney can take your case in front of a judge by ensuring that each factor in their favor is presented properly to the court. Additionally, attorneys can help couples with the process of asking for any changes to an existing child custody agreement in certain scenarios.
In complex and stressful situations that require a child custody attorney, it is key to work with a law firm that has the values of experience, strength, and compassion. Child custody scenarios are hard for everyone involved, but the primary goal is to keep your child healthy and happy. A qualified child custody attorney understands the impact that custody matters can have on a family. An experienced child custody lawyer will help you navigate a custody case to the best and least stressful outcome for your family.
What Types of Child Custody Are There?
How various parents decide to share custody of their children could be unique to their individual situation. Some parents could actually live near each other and keep an amicable relationship, and, as such, the child ends up spending equal time with each parent. Others may have a tough time agreeing or getting along. As a result, their children may spend varying amounts of time with each parent.
The various types of child custody in Alabama are:
- Legal custody, which means having legal decision-making power in relation to a child, such as the power to make a decision about where the child will attend a school or if they will go to church.
- Physical custody, which decides which parent is in charge of the physical well-being of the child, such as which parent the child will live with.
- Sole custody, which is an arrangement where only one of the parents has either legal and physical custody; and finally
- Joint Custody where both parents have legal custody, physical custody, or both.
Note that in Alabama, courts acknowledge the value of kids maintaining relationships with both parents, and, in turn, it is very rare for one parent’s visitation rights to be fully taken away. Regardless, you’ll want to have a child custody attorney in your corner who can ensure the child custody outcome is in your favor.
How is Child Custody Determined?
An initial custody action is determined based on the best interests of the child. The court keeps a specific list of factors that the judge will take into consideration when making a decision about the best interests of the child in a child custody case. These points include the health and age of each parent, the health and age of the child, the relationship between each parent and each child, what the role in the child’s life has been, and what role each parent will end up playing in the future.
A key factor that can come up as an issue in a custody case is the willingness of each parent to encourage the child’s interactions with the other parent. Regularly, parents tend to let out the anger they have at each other on their kids, and the court will do whatever it takes to ensure this behavior isn’t an option. It’s really important for both parties in the midst of a custody battle to work hard to foster a healthy relationship between the other party and the minor child. An experienced family law attorney will help ensure you keep on track from start to finish and get the outcome you desire in a timely manner.
What if Parents Can Agree on an Agreement?
In a dream world, parents would be able to work together to come up with a parenting plan. That said, life doesn’t always turn out this way. In fact, in a lot of cases, parents really can’t agree on who should have custody, where the child should live, and in what way the child would be best raised. When this happens, there are usually two different options.
The first option is to bring in a mediator who will work to reach the best possible outcome for the minor children based on the circumstances at hand. A mediator doesn’t actually make any decisions. Instead, they are brought in as an aid to parents trying to work through their disagreements and find a middle ground.
The second option is litigation. If negotiations fail, your arguments concerning custody, along with any evidence, must be presented to the Judge.
No matter which option must be taken, you’ll want a child custody attorney in your corner who knows how to navigate the complex legal system.
Can You Make Changes to an Existing Child Custody Order?
Circumstances change. Children grow, and lifestyles evolve. It’s totally normal that a child custody schedule may not meet the best interests of your child and the needs of your family anymore. If you feel like it’s time to have your custody order modified, the best way to do it is to work with an Alabama child custody law firm. Once an initial custody action has been determined, modifying that custody requires a material change to have occurred. The courts will always put the decision in the best interests of the child when it comes to things that affect custody. That said, you likely have good reason to request a child custody order change if the child is the one requesting it, one parent has to move or change careers, one parent is remarried, one parent is convicted of a crime, or either parent has a big health problem. To clarify, your child custody lawyer handles cases just like yours every single day and will be able to guide you through the entire process.
How Does the Court Make Choices on Child Custody?
One of the difficult aspects of heading to court for a child custody case is that you can’t really know what the court’s final ruling will be. Most people prefer working with a mediator as they have a lot more control over the eventual outcome.
If that’s just not an option and you must go to court, you should know that when a judge is given the task of making a decision about which parent should have legal or physical custody of a child, they will absolutely allow both parents to plead their case and show evidence to add to their case. This is one of the main reasons why working with a seasoned child custody lawyer is so important. After listening to all of the evidence, the Judge will make the final decision concerning custody of your minor child. The Judge considers multiple factors when determining custody. To make sure the best arguments are made for the custody outcome you want, please speak to a child custody lawyer today.
How Does Child Support Work?
Figuring out the exact amount of child support that should be awarded in any child custody case can be extremely challenging and very complex. Alabama parents may also face one of the many other less talked about issues when it comes to child support. Whether you need help getting the full extent of the child support you deserve or you are being charged more than you should owe, you need to seek the assistance of a reputable law firm.
Are you having a difficult time trying to recover the child support you and the other parent agreed on or was ordered by a judge after your divorce proceedings? Has the other parent filed for a change to your child support order? Child support attorneys have a solid grasp of Alabama’s child family laws and child support regulations. Our team of family lawyers will fight to make sure your rights are protected. No matter what kind of child support matter you find yourself in, we can help make sure the matter goes as smoothly as possible.
How is Child Support Enforced?
Your child support attorney will inform you that most support orders are enforced through an income withholding order. This process involves holding back a portion of the parent who isn’t meeting their end of the agreement’s paycheck to pay for the required child support.
If that parent doesn’t have a regular incoming paycheck that support can be withheld from or if he or she is simply choosing not to pay child support, there are different ways to ensure that child support is received:
- Gathering state and federal income tax refunds,
- Putting holds on a property,
- Alerting the parent’s child support debt to credit agencies,
- Taking assets,
- Suspending Alabama driver’s licenses.
While Alabama child support laws are strict, parents don’t always follow them. Sadly, in many cases, a parent may try to avoid their child support responsibilities entirely. If a parent is regularly late with support payments, or if a parent refuses to pay support, you may need to take legal action. This is where enlisting the help of a trusted child support law firm is extremely important.
Can the Child Support Order Be Changed?
As time goes by, your family’s situation will also likely change. Financial situations tend to fluctuate. Alabama courts know this. Changes to wages, career, or living situations are possible over time. On top of that, as a child grows up, the schedule for parenting time may need to be changed based on their hobbies, which could affect child support payments. Whatever life change you’re coming up on, a seasoned child support attorney can help you get your current support order modified.
Lawyers for child support situations have seen changes requested that don’t result in a modification to the support actual order. If you or the other party is looking to adjust the amount and/or frequency of child support, you should have a talented child support lawyer in your corner to ensure the needs of you and your child remain at the forefront.
Why Do I Need a Birmingham Child Custody Lawyer?
A seasoned lawyer knows the ins and outs of handling the many kinds of child custody issues that can come up. A Birmingham child custody lawyer understands what both courts and custody professionals are looking for in terms of parenting time needs, decision-making, and emergency circumstances. We know what a fair settlement would be for each parent and the significance each piece in a case can have. The child custody lawyers at The Rose Law Firm LLC know what it takes to present your case effectively both in and out of the courtroom. We are committed to tirelessly fighting for you.
With many years of experience, our child custody attorneys are here to help you get through the legal obstacles that come when handling a difficult child custody matter. Overall, having a lawyer by your side can give you the benefit of knowing your needs are protected at all times. The experienced child custody lawyers at The Rose Law Firm aim to give you peace of mind at every step of this highly difficult and complex process by providing strong, quality representation. At The Rose Law Firm LLC, our only goal is to preserve the well-being of our clients, ensuring that their needs are met by our work. Contact us today at (205) 858-9224 to schedule an appointment with a member of our legal team.