Whether you are getting a divorce from, separating from, or were never married to your child’s other parent, if you and your child’s parent have decided not to live together, the legal issue of child custody is one you must face. To assist you during your child custody proceedings, working with a highly qualified legal professional is recommended.
At the Alsobrook Law Group, our Auburn child custody lawyers can answer your questions about types of custody, factors the court considers in making a child custody arrangement, and your rights, as well as represent you throughout the entire process. Call us today to learn more and schedule a consultation.
The Auburn courts and courts throughout the state of Alabama recognize two types of custody, as well as two types of custody arrangements. These are explained below:
It is best to review the types of custody and arrangements with your attorney and to form a clear picture of what you want before entering into custody negotiations with your spouse.
When parents are separating, they have the option–and are encouraged–to create a parenting plan together without the intervention of the court. The parenting plan will not only need to address whether custody will be sole or joint, legal or physical, and what the rights of each parent regarding visitation will be, but must also address things like how the child will be transported from one parent’s home to the other’s, where the child will spend summer holidays, how disputes regarding the child will be resolved, and more. If parents are in agreement, then the plan can be submitted to a family law judge, who will likely sign off on it unless there are any glaring issues.
In order to reach an agreement, mediation is encouraged. Of course, not all parents are able to agree, in which event the case may go to court.
If a case does go to an Auburn are court, the family law judge presiding over the case will be responsible for issuing a judgment about child custody. In order to make this determination, the court will consider numerous factors. These factors include:
If your case goes to court, it is very important that you understand what the judge is looking for and how a decision will be made, as well as how to present the best version of yourself to the court. Our lawyers can help you to prepare for this and gather evidence to support your case.
Note that before a father can petition the court for custody rights with his child, paternity must be established. Fathers who are married to the mother of their child at the time of the child’s birth will benefit from the automatic presumption of paternity. If a father and a mother are not married, then the easiest way to establish paternity is for both the mother and the father to sign a voluntary acknowledgment of paternity form.
Things get more complicated if parents disagree about whether or not the man is actually the child’s father. If this is the case, a blood test may be required.
When time with your child is on the line, it’s essential that you do everything you can to improve the outcome of your case. Working with a skilled Alabama child custody attorney is one of those things. An attorney will help you by:
Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…
The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.
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