Some of the factors the family court system will look at include: When it comes to child custody modification in the state of Alabama, these cases will carry a heavy burden of proof from the parent requesting the modification. What Determines Child Custody in Alabama . The children named in the emergency custody order also must be in the state at the time in order for the court to make an emergency custody ruling, and the court will need to conduct a full hearing at which all parties have the opportunity to be heard. He or she may issue a temporary order that provides custody to one parent based on the circumstances surrounding the emergency. Generally, this occurs in circumstances when living with one’s grandparents would be in the “best interest of the child,” a phrase which governs nearly all custody disputes. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. The court in the county where a child lives typically has local jurisdiction in most emergency custody matters. This is done through the courts holding original jurisdiction over your case. Since joint custody is the primary goal for the family court system, it is possible for courts in Alabama to order joint custody in a situation with or without the consent of the parents. If there has never been a custody determination, only child support, regarding an unmarried couples child in Alabama, then the mother is deemed to have full custody. Please enable Cookies and reload the page. In emergency hearings regarding custody or visitation, a judge hears preliminary evidence and only addresses the emergency issues. The family court system in this state ideally wants to award custody to both parents so they can share the responsibilities and rights associated with raising their children. Alabama Code § 30-3-150 sets out the State of Alabama’s stated policy that joint custody is preferred. alabama-child-custody-form. In an ideal circumstance, both parents will want to have custody of the children and will be happy to share join custody. As stated above, there are many different situations where a court may intervene to place a child in someone else’s custody temporarily. Some of the factors loooked at to make this decision include: Dealing with a child custody battle can be difficult for the parents and the child or children involved in the case. A motion for ex parte emergency custody 3. If the parents were never married, either parent can file for custody in the county in which the child has been living for at least six months. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. Some additional considerations that are made include: The family court judge, in both Alabama and almost every other state in the country, will always make a child custody decision that they feel is in the best interest of the child or children involved in the divorce or in the case. Allegations or reasonable suspicions of physical, sexu… Another way to prevent getting this page in the future is to use Privacy Pass. Under the law, individuals can request temporary emergency custody under certain circumstances in states that do not serve as home to the child. Contact the court clerk. To change custody in a prior case in Alabama, the courts use a standard based on a 1984 case called Ex Parte McLendon. But, more often than not, this is not the way a child custody proceeding plays out, so it is important for both parents to know the child custody laws in their state in order to have the most fair, and favorable outcome to the case. An information sheet with details about the minor child, the petitioning party and the attorney, 2. If the court thinks that the child or children is in immediate risk of harm, they can use their position to legally place them with someone else until they think it is safe to life the order. If you’re asking “how do I get emergency custody of a child,” you should learn whether a Child Pickup Order is appropriate. • By using qualified advice from our affiliated attorneys you can then make decisions based on your own circumstances. What is an emergency custody (temporary) order? The very first thing you need to do is contact your local family court and ask the clerk how you can obtain the papers you will need in order to file for child custody without a lawyer. Contact us today for a FREE Confidential Consultation from a Local Attorney. 4 Locate the appropriate court. 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