Child Custody Attorney in Auburn

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.

Types of Custody Arrangements in Alabama

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:

• Joint custody. A joint custody arrangement refers to an arrangement between parents where both parents spend time with the child and make decisions about the child’s life. Because having both parents involved in a child’s life is usually within a child’s best interests, joint custody arrangements are often preferred by the court.

• Sole custody. Sole custody is an arrangement wherein only one parent has custody rights related to the child. The other parent may or may not have visitation rights depending on the circumstances, although it is very rare for a parent to be denied visitation with their child.

• Legal custody. Legal custody refers to a type of child custody. Joint custody has two components: legal and physical custody. Legal custody is the ability and the right to make decisions and choices relevant to a child’s care and upbringing, such as the religion that they will be raised, where they will go to school, extracurriculars that they will participate in, the type of healthcare they will receive, etc.

• Physical custody. Physical custody refers to being responsible for a child’s physical care, including providing them with food, shelter, and clothing. If physical custody is shared, legal custody will likely be shared, too. However, one parent may have sole physical custody while both parents share legal custody in some situations.

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.

Creating a Parenting Plan

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.

Factors Considered by the 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:

• The relationship between each parent and the child;
• The relationship between the child and others in the child’s life, such as siblings and peers;
• The capacity of each parent to provide a loving relationship;
• The needs of the child;
• Each parent’s home environment;
• The preferences of the parents;
• The mental, physical, and moral fitness of each parent;
• Cooperation between the parents;
• Any history of crime or abuse;
• Any evidence of substance abuse;
• Expert recommendations;
• Any other factors the court finds relevant.

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.

Establishing Paternity

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.

Why Working with an Auburn Child Custody Lawyer is Important

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:

• Explaining the law;
• Representing you in negotiations and mediated sessions;
• Gathering evidence to support your case, including any evidence that suggests the other parent is unfit to be given full custody;
• Advising you regarding how to interact with your ex, your child, and the court; and
• Presenting your case to the court should the issue go to trial.

Call Our Law Firm Today

At the Alsobrook Law Group, we know how much this matters to you and how much is at stake. Our team is experienced in child custody cases and has a history of successful case outcomes. To learn more about how we can assist you, please schedule your initial consultation by calling our office at (334) 737-3718 or sending us a message directly today.