Does a Mother Always Get Custody in AL Divorce
Does the mother always get custody of the children or does the man have just as much right to custody in a divorce in Alabama? When two parties seek a divorce in Autauga County, they have many different matters that must be settled between the two of them. These are known as the terms of their divorce, and they typically include issues like child support and child custody. These terms tend to be the hardest for the two parties to agree on because they concern the parties’ children. Child support refers to the financial support that the noncustodial parent pays to the custodial parent for the support and maintenance of their children. Child custody, on the other hand, refers to which parent the children will spend the majority of their time with.
Child custody consists of two different types of custody when going through an uncontested divorce in Tuscaloosa County. It consists of legal custody and physical custody. Legal custody concerns the parents’ rights to make decisions on behalf of and for their children. When a parent is awarded legal custody, they have the legal authority to make decisions concerning matters like religion, education, healthcare, etc. Physical custody concerns which parent will care and protect the child on a day-to-day basis and which parent the child will primarily live with.
In Alabama, the father of the children has just as much a right to custody of their children as the mother of the children. Child custody can be awarded either solely or jointly. Sole custody is when only one parent is awarded custody of the children. Joint custody is where both parents have to share the custody of their children. Both types of child custody can be awarded either way. They do not both have to be awarded solely or both be awarded jointly. The most common child custody arrangement is joint legal custody and joint physical custody. When joint legal custody is awarded, the parents will share the decision-making authority, but one of them is normally designated as having the final say in case they cannot agree with one another. Joint physical custody is commonly awarded to where one parent has primary custody and the other has visitation rights.
Parents can either decide child custody through mutual agreement, or they can go before a Circuit Court judge who will decide the matter for them. The Circuit Court judge will make their decision based on the best interests of the children. The parents’ interests are not a priority in the judge’s determination. The judge will look to a variety of factors to ensure that they are making the best decision for the children. They will typically look at factors like each parent’s age, health, income, and living arrangements. The judge may even decide to ask the children which parent that they prefer to live with. The judge will not automatically award custody to the mother over the father. The father has just as much right to child custody as the mother unless proven otherwise. If you have any questions regarding child custody, schedule a consultation with one of our experienced divorce attorneys in Birmingham.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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