Legal Question in Family Law in Alabama

If you are askIng how to deal with a custody ruling you don't like, the proceedure is as follows:

1) A post judgment motion is filed with the trial court within 30 days of the judgment. The motion should tell the court how it should change it's judgment, and why.

2) The court will grant or deny the motion or take no action. If the court takes no action after 90 days, the motion is deemed denied

3) after final judgment you have 42 days to file a notice of appeal

4) if no appeal is taken, custody issues can be the subject of a new action. In that case you must prove that the benefit to the child in chainging is so great that it overcomes the disruptive effect of the change. This is called the McLendon standard. It is not easy to do.

This will take at least 6 months. Probably more, and cost you several thousand dollars. See a lawyer about this NOW because your rights are limited by time

It usually will take about 6 to 12 months to get a ruling on a custody case. Generally the Court of Civil Appeals will attempt to respond to these quicker than another type of civil matter. The most important thing is that a notice of appeal be filed and a request for a trial transcript. It can take a long time to get the trial transcript, if one exists. If one does not exist, you are probably in a lot of trouble and do not have much of a chance to win. I am in the Birmingham area and work with many appeals and would be happy to work with you or answer any other questions you may have. Please visit my web site for my email or telephone number.