Child Custody Lawyers in Mobile, Alabama

As you start navigating your child custody options, you might feel overwhelmed. This is a very emotional issue, and it’s one that will have a long-term impact on your relationship with your children and your finances. This isn’t an issue that you should handle on your own—it’s time to turn to a Mobile child custody lawyer who can listen to what you want, explain your options, and help you plan your next steps.

At Coumanis & York, we know that securing the best child custody arrangement for you is one of your top priorities. Let us help you get there. Call us at 251-431-7272 to set up a consultation now.

Legal and Physical Custody

To start, make sure you know the differences between legal and physical custody. Your custody arrangement may include different custody rights for each type, and it’s crucial to know what you are agreeing to.

• Legal custody refers to a parent’s right to be involved in important decisions affecting their child’s life. This includes things like medical care, education, and religion. It’s generally preferred that both parents maintain a right to participate in these decisions, as these choices affect how a child grows up and whom they become.

• Physical custody is what most people think of when they hear the term “custody.” It refers to where the child spends their time and who participates in their day-to-day care.

Different Custody Arrangements

There are a variety of arrangements for both legal and physical custody.

Shared legal custody is generally assumed to be the best option for parents, as both parents are presumed to have an interest in the choices that shape their children’s lives. However, there are circumstances in which one parent will have sole legal custody.

If one parent has repeatedly shown to be unable to make sound choices for their children, to use their decision-making right solely to harm the other parent or to be uninterested in their role as a parent, the court may award sole legal custody to the other parent. The same is true if one parent has significant issues with drug or alcohol abuse that have impaired their judgment.

Similarly, the court often leans toward a shared physical custody agreement. This does not necessarily mean that time is split 50/50, although that is certainly an option. It may simply mean that traditional visitation options—for example, every other weekend or one day per week—do not provide enough time with both parents.

Primary physical custody with a set visitation schedule is another option, and it works for many families. The Mobile County Circuit Court provides guidance on potential visitation schedules and how holidays can be divided. They are quick to note that these options, including every other weekend, should be considered minimum visitation. Increasing visitation time may help the child preserve their relationship with both parents.

Child Custody and Support

The physical custody arrangement you settle on may affect your child support order. The standard Alabama child support calculations are based on a primary custody schedule where one parent has a standard visitation schedule. If the parent without primary custody takes more time than what is allotted in the standard visitation schedule, their child support may decrease.

Prioritizing the Needs of the Child

The most important aspect of child custody is the best interest of the child in question. Alabama, much like other states, puts the child’s needs first. While it does benefit each parent to have meaningful time with their child, it is more important that the child benefits from that time as well. The Mobile County Circuit Court notes several standards that should be met by coparents:

• Limiting emotional trauma. A parents’ divorce or breakup can be very difficult on a child. Both parents are expected to protect the child’s relationship with the other parent by allowing regular contact, not speaking poorly of the other parent around the child, and keeping the child out of the legal aspects of the divorce or custody battle.
• Maintaining a strong moral environment. Parents should not have romantic partners (barring spouses) as overnight guests while the child is in their care. Note, though, that the tide is shifting on this as cohabitation becomes more and more common.
• Substance abuse. Parents are expected to avoid using substances in excess when the child is in their care, and they should avoid having the child around anyone who is visibly impaired.
• Child’s medical care. Both parents must ensure that the child takes all prescribed medications, vitamins, and regular supplements during their parenting time. They should also inform the other parent of medical appointments that occur during their parenting time so that both parents can be present if they choose.
• Communication with the other parent. Parents should encourage and assist with communication with the other parent during their time with the child. Contact should be reasonable and appropriate for the child.
• School and extracurriculars. Parents must ensure the child attends school and extracurriculars during their parenting time. This includes summer school if necessary and field trips.

A wide range of factors come into play when it comes to deciding what is in a child’s best interest. They include the role that each parent has played in the child’s life up until the custody dispute, who can meet the emotional and physical needs of the child, who is willing to preserve the child’s bonds with family members and each parent’s interest in primary or shared custody.

We’re Here to Help

When it comes to child custody, you want an attorney who is able to listen to what you want, assess the situation, explore options, and proceed with caution. While cases may be decided in court, custody is more often determined during negotiations between parents.

Our team has handled numerous custody negotiations over the years, and we know that it takes a deft hand to understand where both parties are coming from and reach an agreement that benefits the child. We understand how emotionally fraught these discussions can be, and we strive to be a calm voice of reason that can advocate on your behalf.

Discuss Your Family Law Needs with Coumanis & York

Ready to get started and make a plan with our team? Let’s sit down and talk about your custody needs and what comes next. Send us a message online or call us at 251-431-7272 to set up a time to talk with our Mobile, AL child custody lawyers.