Under Alabama law, custody of any child(ren) of the marriage may be granted jointly or to either parent by court decision (order). One solution involves the 50-50 child custody plan. This Alabama Child Support Calculator is based on Rule 32 of the Alabama Rules of Judicial Administration, which are subject to change.. Health Insurance – If your children are covered under a family policy (if it also covers you, the parent, and/or your new spouse and stepchildren), you can put the full amount of that policy here. For those moving to Alabama, the state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (often shortened to UCCJEA). But if the relocation is more than 60 miles, the relocating parent must provide notice to the other at least 45 days ahead of time, with the non-relocating parent then having 30 days to file an objection with the court. The particular characteristics and needs of the child, including emotional, social, moral, material, and educational needs. What is Shared Custody? Child Custody Decisions Under Alabama Divorce Law. For example, in situations where the children live with one parent most of the time and the other parent has visitation on the weekends, the parent where the children live most of the time has sole physical custody and the other parent has visitation rights. However, dividing up the week with the child spending Monday and Tuesday with one parent, Wednesday and Thursday with the other, then Friday with the other, and so on, creates too much confusions and has the child staying in a different bed every other night. Most states now have laws that neither parent is the preferred parent after an uncontested divorce. Here are some guidelines from the law to help you make your parenting plan. Shared custodial arrangements are more heavily scrutinized than the normal, traditional joint custodial arrangement of joint legal custody with one party having sole physical custody and the other parent having visitation rights and paying child support due to the perceived difficulty of such shared arrangements working out in the long run. Considerations for Custody Award. 3. If you are seeking legal advice, please contact our law firm directly. Right of first refusal in child custody situations commonly means that one parent must first offer the other parent the opportunity to look after their children before contacting a babysitter or another family member to care for the kids. 0 have signed. Additionally, courts will consider the wishes of the child in custody matters. The Child Custody Laws Relating to Traveling to Another State With Written Consent By Larissa Bodniowycz, J.D. All of the relevant facts in the case are weighed holistically with the best interest of the child as the ultimate goal. They court may consider the earning power of the parties, who pays for medical insurance, etc. Before you begin the legal process, it is a good idea to have an idea of how a judge can divide custody and parental rights, and what factors they consider before issuing a child custody order. Dagney Johnson is a lawyer who represents clients in family, criminal defense, and personal injury matters in Alabama. In Alabama sole physical custody cases, the nonresidential parent pays child support to the residential parent. Located in Birmingham, we want our clients to feel comfortable and cared for throughout the legal process. Seeking the services of an Alabama family law attorney is the best way to ensure that your rights are represented, whether you are looking to establish a custody agreement or modify a current custody order. 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