The average hourly rate for a family lawyer in Alabama is $208 per hour.
There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
FILING FEE: Court cost for filing is $330.00, payable by cash, money order or cashier's check. Filing Fees are non-refundable.
Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children.
Historically, Alabama laws did, in fact, favor the mother over the father, regardless of the facts and circumstances of the case. This is no longer true. However, child custody in Alabama is now decided based on the best interests of the children. Failing to prepare for your child custody case.
Fathers Rights in Alabama. Alabama's child custody laws guarantee parents a constitutional right to have a relationship with their child. Minor children likewise have a right to free association with their parents, which include fathers.
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
The bill now defines an unfit parent as one who "fails to properly care for his or her child and maintain the emotional health and overall well-being of the child in such a manner the failure will seriously harm the child."Apr 6, 2011
In Alabama, there is a specific provision in the custody law that states that if the wife has abandoned the husband, the husband will have custody of the child after the child reaches the age of seven. The law conditions the custody decision on a judge finding that the husband is a "suitable person" to have custody.
The Supreme Court establishes that 'the first and paramount consideration is the welfare and interest of the child and not the rights of the parents'. “Custody of child shall be handed over to such a person who fosters him with care, love and affection.”Sep 23, 2019
Key Points. Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other.
In Alabama, the child support formula is the same for sole and joint physical custody. Alabama family courts do not give automatic parenting time credit that can reduce your child support amount.