Divorce Alabama Custody

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Factors that decide Divorce Alabama Custody

The court ponders over the following issues while determining who should be awarded child custody in this state.

• The interpersonal relationship between each parent and the child
• The ability and concern of each parent to fulfill the educational, material, moral, social and emotional requirements of the child
• The features of each parent requesting for custody, inclusive of the following
  • Physical health
  • Mental health
  • Stability
  • Character
  • Age
• The ambience of the residence that can be offered by each parent
• The educational, material, moral, social and emotional requirements of each child
• The age and sex of the child
• Whether there is any recommendation or report from any independent investigator or any expert witness?
• If the child is of adequate age and maturity, then the preference of the child
• If the present custodial status is continued or disrupted, what would be the impact on the child?
• The interpersonal relationship of the child with other children
• Available options
• Whether there is any evidence that reveals any issues relevant to the topic?

UCCJEA and Divorce Alabama Custody

Alabama has embraced UCCJEA or "Uniform Child Custody Jurisdiction and Enforcement Act." Accordingly, the following points are observed in this state.

• It is possible to file for child custody solely in the home state of the child. Home state implies where the child has resided for minimum 6 consecutive months with a parent or person acting as a parent. If the child is less than 6 months old, then home state indicates where the child has resided since birth
• The state acknowledges the Federal Full Faith and Credit Law for Custody
• The state does not supersede the jurisdiction of some other state
• Let us consider that there is a custody order from some country, other than the United States. If this order significantly matches the jurisdictional standards of the state law in Alabama, then the courts in this state would recognize and enforce the order from the other country

What if the custodial parent is contemplating relocation?

Let us assume that the custodial parent is considering relocation to a place that is more than 60 miles away from the non custodial parent. In 2003, Alabama passed a statute to handle this issue, and as per this statute the following are to be adhered to.

• The custodial parent must provide a notice to the non custodial parent in this regard
• The non custodial parent is empowered to object to the relocation and arrange a hearing regarding this issue
• This statute generates an assumption that the relocation described above is contrary to the best interests of the child

This state observes the McClendon rule when the issue of modification of custody orders props up.

• The court will think of modifying the order only when there is a compelling reason to do so
• The parent seeking an alteration must prove that a change would materially promote the best interest and welfare of the child
• This parent must also demonstrate how a modification would bring about more positives than the inherently disruptive effect on the child

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