Legal Question in Family Law in Alabama

Re: Fighting for Child Custody

If you are currently in court with this, then you need to discuss this with your attorney.

Re: Fighting for Child Custody

In Alabama, in a post-divorce modification to change custody, the parent that is seeking custody must demonstrate to the court 1.) That he or she is a fit and proper person and 2) that the change in custody materially promotes the child's best interests. Stated in a different way it is that; the parent who is seeking custody must show there exists such a positive good by changing custody and the good outweighs the inherit disruption of uprooting the child from the current custodial parent.

The fact the custodial parent is poor or of limited means, will not automatically warrant a change of custody. However, if the child's environment is not stable in that there is continual change and that change has had an adverse impact on the child's welfare; then it may be proper for custody to be transferred. Each party must present evidence showing they are fit and proper before the court will make a determination. Since these type cases are so fact specific, you will need to discuss with your attorney what type of evidence is needed to best present your case. Custody modifications are always complicated, both parents should continually comfort and reassure the child(ren) that both parents will still be part of their life whatever the outcome.

This is not intended as specific legal advice but is provided for general information purposes only. The facts of your case are specific and you should contact a licensed attorney in your state for advice on specific questions regarding you own situation.