Child Custody Attorneys in Saraland

Child custody is a complex, multi-faceted topic that rarely has any easy answers. This is especially true when parents are at odds over what is best for their children or when they are more focused on what they want. This is why it’s so important to talk over your child custody concerns with a Saraland, AL family law attorney. You deserve to know what you are entitled to under the law, what your options are for custody, and what you’ll need to do to secure an arrangement that suits your children’s needs.

Ready to learn more about your legal options and come up with a plan? Let’s talk. Call Coumanis & York at 251-990-3083 to schedule a consultation now.

How Alabama Law Looks at Child Custody

As a parent, you need to know your rights and obligations. Alabama law, like the law in most other states, focuses on what is best for the child in question. Both parents—whether or not they were ever married—have the right to meaningful time with their children. However, if the parent poses a threat to the child’s wellbeing, the child’s rights overrule the parent’s rights. Until it is proven that a child is better off without one or both parents, it is assumed that the best outcome is one that allows a child meaningful time with both parents.

From there, the court determines the best custody arrangement based on a number of factors. Factors that they consider include:

• The emotional, social, moral, and educational needs of the children
• Each parent’s age, health, and ability to provide necessary care
• The existing relationship between the child and each parent
• Sibling relationships that must be maintained
• Which arrangement preserves the child’s routine
• Recommendations from doctors, therapists, teachers, and other professionals
• The home environment provided by each parent
• The child’s preference, although this is not taken into consideration until the child is older

Custody Arrangements in Alabama

There are several types of custody arrangements that Alabama courts may order. First, it’s important to understand the difference between physical and legal custody. Physical custody refers to where the child lives and who provides their day-to-day care. Legal custody refers to the party or parties who make decisions on behalf of the child. Those with legal custody might decide where a child goes to school, where they receive medical care, and what medical care they receive.

Within the world of physical custody and legal custody, there are several arrangements that may be court-ordered or agreed upon by the parents.

A Combination of Sole and Shared Custody

In some cases, the court will approach legal and physical custody differently. For example, consider a situation in which both parents can provide day-to-day care and meet the child’s needs, but one parent has shown an inability to make sound legal decisions for the child. In this case, one parent may retain full legal custody while both parents have shared physical custody.

The reverse may also happen. If one parent cannot share physical custody, due to their work schedule or other obligations, the other parent may have sole physical custody. However, both parents may still have legal custody.

Sole Custody

This is an agreement in which one parent has full physical and legal custody. It is generally reserved for situations where one party is uninterested in parenting or is comfortable relegating full responsibility to the other parent. With this arrangement, one parent typically has full physical and legal custody. The other parent may or may not have visitation. It is more common for the other parent to have some sort of visitation rights, but this may not be the case if they have a history of abuse, are in jail, live far away, or are uninterested in visitation.

Shared Custody

Shared custody is generally the option preferred by the court and parenting experts. This allows both parents to maintain a regular presence in their children’s lives and share parenting duties.

Negotiating an Arrangement

While it is possible to leave custody decisions up to the court, these decisions are typically made by both parties ahead of time. Allowing the court to decide is risky, as it binds both parties to an agreement that they may or may not agree with. Because of this, it’s helpful to have a Saraland, AL child custody attorney who can negotiate on your behalf.

You’ll need to spend some time thinking about what you want from a custody arrangement. If you want sole or primary custody, you should be ready to prove why that is preferable over shared custody. If you are interested in shared custody, consider which arrangement might be a better fit for you. Would you like a week on-week off setup, a two-two-three schedule, or something else that better fits your work schedule? These are all factors to consider.

If you’re pursuing sole custody with visitation, you may also want to consider which type of visitation schedule is preferable for you. Two weekends per month is a common choice, but some parents also like to add one weekday each week. Don’t forget to think about your child’s extracurricular schedule, school schedule, and other factors that may impact visitation.

If you and your coparent are fighting for opposite outcomes—for example, if you both want sole custody—be aware that negotiations may take longer or may not even be a fruitful option. Without compromise from both parties, these situations often require a judge to make a final decision. You can prepare for this by deciding where you are willing to compromise, which outcomes are acceptable to you, and where you are unwilling to compromise. This helps your attorney navigate negotiations and decide when court is the better option.

Contact Coumanis & York to Discuss Your Case Today

We know child custody struggles can be emotionally draining and stressful, but you don’t have to go through these challenges alone. The team at Coumanis & York is here to help. Schedule a consultation now by calling our team at 251-990-3083 or contacting us online.