DADI Blog

Alabama Child Custody

Posted by admin on April 27th, 2006

You and your spouse decide that it’s time to break off the marriage and go your separate ways; the only thing that complicates this is your child.  What parent do they stay with during the custody hearing?  What should you do about visitation rights for the other parent?  The easiest and simplest way is to get lawyers, they can help you understand the proceedings and mediate the hearing.  Usually though the child will stay in the house, so whoever stayed in the current house would keep the child with them.  Both parents though at the initial time have joint custody and both have the right to see the child as they wish.  It’s until the hearing that this can change.

Your child will get no say in what home they want to go to.  The courts will always choose what they think would be best for the child.  Usually keeping them in the more stable of the homes is best but keeping them from moving is also a factor, they don’t need to go to a new school during all the commotion at home.  If joint custody is awarded they will usually stay at the original home to maintain stability and limit the impact of the situation.  With joint custody both parents have a right to make decisions for the child, they keep the same rights as if they were still living there.  This includes things like their school if both parents must sign something.  Each parent will have more say so in some situations than others though, depending on the court hearing.  Things shouldn’t be done to spite the other parent though; things should always be done in the best interest of the child at hand. 

Child support will follow a predetermined number based on many factors such as pay of both parents and the number of children that are involved.  This can be changed in court though through the hearings.  If you have custody just make sure you follow the law and don’t deviant from the court.  Remember what the child must be going through and help them with the pain.  If your spouse can’t make a payment because of some kind of problem or trouble they are going through try and do what’s best for the child.  If you can handle the money situation without having to drag everyone back to court then please do so, the child has suffered enough.

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