Child Custody Lawyers in Fairhope, Alabama

When it comes to child custody, there is nothing more important than the happiness and well-being of your child. That’s what makes these battles so difficult—both parents may have vastly different ideas about what is in the child’s best interests, and when no one is willing to back down, you reach a standstill.

At Coumanis & York, we understand how child custody disputes can drain you mentally, damage your co-parenting relationship, and leave you flooded with anxiety. We’re here to advocate for you and your child throughout this process. Our team’s compassion, expertise, and commitment to what is right make us the natural choice for your Fairhope child custody legal needs. Call Coumanis & York at 251-336-3121 to set up a consultation right away.

Child Custody Laws in Alabama

As is the case in most states, Alabama favors joint custody arrangements that allow children meaningful time with both parents. This doesn’t necessarily mean a 50/50 split, but it does mean that children should get the time they need to build a solid relationship with both parents—assuming, of course, that both parents are able to act in the child’s best interests and parent effectively and appropriately.

In addition to favoring agreements that allow a child to contact both parents, state law also favors shared legal custody. Legal custody refers to the right to be involved in important decisions in a child’s life, including those regarding medical care, education, and religion. Even if the parents do not consent to shared legal custody, the court may choose to order it. Shared legal custody is presumed to encourage both parents to take an active role in the child’s life.

Should the parents be unable to come to an agreement that the court is willing to sign off on, the court then has the power to make decisions regarding custody. This is one reason it’s so important to work with a child custody lawyer in Fairhope—retaining control over the decision-making process generally leads to the best outcomes for both parties.

It’s important to note that Alabama law does allow for some circumstances in which joint custody may not be appropriate. In cases where the wife abandons the husband, the husband may have custody of the child after the child is seven years old, provided he’s a fit parent. The law also makes specific recommendations when domestic violence occurs.

If the court believes that a parent has engaged in domestic or family violence, it may be presumed that they should not have custody of the child. However, this presumption may be rebutted—if the parent accused of abuse can show that their having custody would not harm the child, the court may still give them custody.

Different Custody Arrangements

Parents may have joint custody, in which they both have a significant amount of time with the child and have the right to make important decisions regarding the child’s care. If joint custody is not in the best interest of the child, one parent may have sole legal custody. This gives them full decision-making rights when it comes to the child’s education, medical care, religion, and more.

The court may go this route if one parent has repeatedly proven themselves to make unsafe decisions for the child. The court may also award one parent sole physical custody, which makes them the primary parent.

In some cases, one parent may have either sole legal custody or sole physical custody but share the other type of custody with the other parent.

Factors Affecting Custody Decisions

Should the parents be unable to agree and the court be forced to decide what is best for the child, a wide number of factors may come into play. Some of the factors that the court may use to make their custody decision include:

• The age and sex of the child

• The child’s emotional, material, and educational needs, and each parent’s capacity to meet those needs

• The parents’ previous agreement

• The home environment of each parent and whether or not it is appropriate for the child

• Each parent’s stability, mental health, and physical health

• The existing relationship between the child and each parent

• If the child has a relationship with siblings on either side of their family

• Input from others, including teachers, counselors, and medical care providers

• If changing the current custody arrangement would be detrimental to the child

How Coumanis & York Can Help

Having a family law attorney work with you as you navigate child custody issues is truly invaluable. These may be some of the hardest decisions you ever make, and they come in the midst of some of the most challenging times you’ll ever go through. You love your children and are likely terrified of losing your time with them—and that makes it very hard for you to advocate for yourself with a clear head.

At all times, the court is solely concerned with what is in the child’s best interest. If you’re at risk of making rash decisions, lashing out at your co-parent, or making choices based on emotion, you could seriously hurt your custody case.

Perhaps you need help figuring out an initial custody agreement and getting it through the court. We’ll look at your current circumstances, and what the other parent is proposing, and help you work through this process. Maybe you already have a custody agreement, but you want to update it. Our team will take care of everything, from negotiating with the other parent to ensuring that all court paperwork is comprehensive, clear, and concise.

We know that child custody battles can be emotionally exhausting and stressful. Let us help you work through this difficult time.

Contact Our Team Today to Discuss Your Child Custody Concerns

Whether you need to set up child custody for the first time or negotiate a modification, the team at Coumanis & York is here to help you. Our team of child custody lawyers in Fairhope will take care of everything, limiting your stress levels during this chaotic time. Set up a consultation now by calling us at 251-336-3121 or sending us a message online.