No divorce is easy, but it is much more emotionally charged and draining when there are minor children involved. Whether you and your ex-partner are in general agreement about how to handle child custody or you find yourself in the middle of a bitter custody battle, you should know your rights and explore the possible outcomes of your divorce. Hiring a Daphne child custody lawyer is an important step in a smooth divorce and calm transition into the next stage of your life. Set up a consultation now by calling Coumanis & York, PC at 251-990-3083. Guidelines in Alabama There are a lot of misconceptions about child custody and visitation, which often leads to parents acting out of panic or fear. Alabama, like a growing number of states, recognizes the importance of both parents having a meaningful role in their children’s lives. When the court must decide child custody, they often begin with the presumption that a 50/50 split is in the child’s best interest. From there, they make adjustments based on how much time each parent wants, each parent’s work schedule, and other obligations that may affect custody. The challenge comes when both parents believe they deserve primary custody and are unwilling to compromise. If this occurs during a divorce and no agreement can be reached, the decision is left to the judge. The judge takes a number of factors into account when deciding on a custody schedule, including: High-Conflict Situations While compromise is the best way of coming to a mutual agreement, it simply isn’t always possible. High conflict divorces often make negotiation and compromise impossible, either because the other party refuses to consider any deviation from their proposed schedule or because they are determined to hurt you as much as possible. In these situations, negotiation often isn’t the best solution. Instead, it’s important to build a case showing that you are a competent and caring parent who is willing to do what is best for your child. Whether the other party decides to negotiate in good faith or the decision goes to the judge, you want to show that you are level-headed and open to compromise. Some custody battles are extremely high conflict, involving one parent engaging in parental alienation, making false claims of abuse, or otherwise pitting the kids against the other parent. When this occurs, it is crucial to have an attorney who has experience with these types of cases. They can protect your reputation, ensure that the court handles your case fairly, and fight in best interest of your child. In a divorce, child custody is often the most emotional and hotly contested issue. If you started a family with the intention of keeping it together forever, the idea of losing time with your child is enough to make you panic. However, it is possible to navigate this time with grace if you know what to expect. Each Party’s Home Environment The home environment that each child is able to provide definitely plays into custody decisions. If both parents can provide the child with their own bedroom, keep them in their own school district, and give them the resources they need to thrive, that supports both parties’ claims to custody. If one party couch surfs and has not had a permanent address since the separation, that definitely hurts their chances at getting custody. How Much Each Parent is Capable of and Interested in Parenting The court really looks at each parent’s parenting capabilities and interests. If one parent doesn’t know anything about their child or their developmental needs and the other has their routine down pat, that speaks for itself. Each parent’s interest in being a parent also comes into play. By the time it becomes a custody battle, both parents have obviously indicated an interest in parenting. However, if further questioning shows that one parent wants the prestige of parenting without the actual work, that may affect the custody decision. The Existing Relationship Between the Child and the Parents The goal of the court is to keep life as normal as possible for the child in question. If the child has grown up with a stay-at-home parent and has a much stronger bond with that parent, they’re unlikely to change course and give full custody to the other parent. They may instead choose to split custody and gradually work up to a more equal split in parenting time. How Much Each Situation Will Allow a Child to Maintain Their Current Life Again, the court wants to act in the child’s best interests by maintaining the life they currently enjoy. If one parent is able to keep the child’s schedule in place, allow them to stay at the same school, and otherwise create a smooth transition, that is highly preferable to a sudden shift in routine that can cause stress in the child. Specific Needs the Child May Have A child’s needs vary based on their developmental stage, age, activities, and other factors. When determining custody, the court will look at how well each parent can meet the needs of the child in their current stage of life. In some situations, there are even more specialized needs to consider. If a child has developmental or physical disabilities, custody may be dependent on who can meet the child’s personal care and scheduling needs. The Stability of Each Parent Stability is absolutely crucial to a child’s healthy development. The court will look at a number of factors to see how much stability each parent can provide. If one parent has a fluctuating work schedule, no consistent babysitter, and other unstable factors in their life, that could negatively affect their custody chances. Expert Opinions In many custody cases, both parents are capable parents. This makes it difficult for the court to determine who has the better case. If this happens, they may call in expert witnesses to see who is best able to meet the child’s needs. For example, they may speak to social workers, child psychologists, and developmental experts. They may also talk to people who know the child well. The team at Coumanis & York takes a personalized approach to every single child custody case they handle. Whether we are working to support a never-married parent looking for court approval of their unofficial custody schedule or a divorcing parent unsure of their rights, we know that everyone has different goals and different co-parenting relationships. For many people, the protection of a healthy co-parenting relationship is a top priority. If this is the case, we know that fighting too aggressively doesn’t meet our client’s needs. In cases that demand a firm tone and aggressive protection of our client’s rights, we are not afraid to fight hard. Child custody is among the most important issues in any divorce, and we will act swiftly if your time with your children is at risk. Whatever you hope to achieve with your divorce or your Daphne child custody case, we will work with you to develop a strategy that meets your needs. Call Us Today to Discuss Your Legal Needs If you’re fighting over child custody in Daphne, we’re here to help. We know that custody can be a volatile topic that leads to a breakdown in co-parenting communication, and we believe that strong legal representation on both sides can help co-parents maintain their relationship for the sake of their children. No matter where you are in the process, our team is here to help and provide the support you need. Schedule a consultation with Coumanis & York now by calling us at 251-990-3083 or messaging us online. We also handle child custody cases in Saraland and child custody cases in Spanish Fort.Child Custody Lawyers in Daphne
What Factors Are Considered When Determining Child Custody in Alabama?
Why You Should Choose Coumanis & York, P.C. for Your Daphne Child Custody Case
Child Custody
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Daphne
2102 Main St.
Daphne, AL 36526
Office: 251.990.3083
Fax: 251.928.8665
Email: lawfirm@c-ylaw.com
PO Box 2627, Daphne, AL
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Office: 251.431.7272
Fax: 251.928.8665
Email: lawfirm@c-ylaw.com
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