Child Custody & Visitation in Alabama: A Basic Guide

 

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Child custody and visitation are among the most critical and emotional aspects of a divorce or separation. If you are going through a custody dispute or want to understand your rights as a parent, it is essential to know how Alabama courts make custody and visitation decisions.

 

Types of Child Custody in Alabama

Custody arrangements in Alabama fall into two primary categories:

 

1. Legal Custody – The authority to make important decisions regarding the child’s upbringing, such as education, healthcare, and religious matters.

• Sole Legal Custody – One parent has exclusive decision-making authority.

• Joint Legal Custody – Both parents share decision-making responsibilities.

 

2. Physical Custody – Determines where the child will live and how parenting time is allocated.

• Sole Physical Custody – The child primarily resides with one parent, while the other may have visitation rights.

• Joint Physical Custody – The child spends significant time with both parents, though not necessarily on an equal basis.

 

How Alabama Courts Determine Custody

Alabama courts focus on the best interests of the child when determining custody. Factors considered include:

• The emotional connection between the child and each parent.

• Each parent’s ability to meet the child’s physical, emotional, and educational needs.

• The child’s preference (if they are old enough and mature enough to express a reasoned preference).

• The stability of each parent’s home environment.

• Any history of domestic violence, substance abuse, or criminal activity.

• The willingness of each parent to encourage a positive relationship between the child and the other parent.

 

Understanding Visitation Rights

When one parent has sole physical custody, the non-custodial parent is usually granted visitation rights. Common visitation schedules include:

 

• Weekends and Holidays – Every other weekend and alternating holidays.

• Summer Breaks – Extended visitation periods during school vacations.

• Custom Schedules – Tailored visitation plans that accommodate the family’s unique needs.

• If concerns exist regarding a parent's ability to provide a safe environment, supervised visitation may be required.

 

Can Custody and Visitation Be Modified?

 

• Yes, custody and visitation orders can be modified if significant changes occur, such as:

• A parent relocating out of state.

• A change in a parent’s work schedule affecting their availability to care for the child.

• Concerns about the child’s well-being in their current living arrangement.

• The child expressing a preference to live with the other parent.

 

To request a modification, a parent must file a petition with the court and present evidence of the changed circumstances.

 

Why You Need an Experienced Child Custody Attorney

 

Navigating a custody or visitation dispute requires strong legal representation. Attorney Michael Capleone is committed to protecting your parental rights and advocating for the best possible outcome for your child. Whether you need to establish custody, modify an existing order, or secure fair visitation, he is here to help.

Schedule a Consultation with Attorney Michael Capleone Today

 

If you are facing a child custody or visitation issue, don’t navigate the legal system alone. Attorney Michael Capleone has the experience and dedication to guide you through the process and fight for your parental rights.

 

Contact us today to schedule a confidential consultation and discuss your legal options.