Alabama's Custody Laws for Unmarried Parents | Charlotte Christian Law (2024)

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Alabama's Custody Laws for Unmarried Parents | Charlotte Christian Law? ›

What are Alabama's Custody Laws for Unmarried Parents? In Alabama, child custody can be shared by unmarried parents or given to just one. Alabama law presumes that joint custody is in the best interest of the child, so judges always consider it first when making custody rulings for unmarried parents.

Many believe that a father cannot get custody in Alabama. Historically, Alabama laws did, in fact, favor the mother over the father, regardless of the facts and circ*mstances of the case. This is no longer true. However, child custody in Alabama is now decided based on the best interests of the children.

The crime is increased to a felony if the parent has failed to make payments for more than two years or failed to make $10,000 in payments. If a parent is convicted under the Act, he or she can face imprisonment, fines, and mandatory restitution to pay back the child support owed at the time of sentencing.

Determining Child Custody in Alabama

Some of the factors the court considers when assessing the best interest of the child include: The safety and well-being of the child. The age and gender of the child. The parents' ability to cooperate and the agreements they have reached in the proposed parenting plan.

This is highly likely if your abuse or neglect caused your child harm and you have shown that you cannot be rehabilitated. Also, if you abandon your child, whether you leave them in the care of the custodial parent or not, you may lose your rights.

Paternity Rights. Men in Alabama often assume that, since their name appears on the birth certificate of a child, they have the legal rights of a father. But that's not automatically true. Alabama automatically recognizes the husband as father of any child born to a married couple.

If the father is not listed on the birth certificate, his paternity can be challenged, so proving that he is the biological father will be necessary. An unmarried father, upon proving that he is the child's biological father, must also file a petition with the court to receive custody and visitation rights.

Factors in Deciding Whether a Parent is Unfit

Substance abuse issues on the part of either parent. A history of domestic violence, whether or not that was toward the child. A history of child abuse. Mental health issues and how well they can be managed with proper treatment.

A person commits the crime of abandonment of a child if he/she is a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, and he/she deserts such child in any place with intent wholly to abandon it.

The State of Alabama acknowledges that both mothers and fathers have the right to be with their children and to make decisions about their children's education and upbringing, along with the responsibility to provide for the child's best interests.

How do I win a custody case in Alabama? ›

The Court considers many factors, including the living arrangements of both parents, the relationship of the child with both parents, the child's needs, the parent's ability to meet the child's needs, evidence of domestic violence, the wishes of the child, as well as the relationship of the parents when considering a ...

In Alabama, primary physical custody means that children will spend most of their time living with one parent. The courts call this parent the primary custodial parent. The other parent, the non-custodial parent, gets visitation rights unless the court orders otherwise.

If the Alabama court sees fit to award one parent sole legal custody, it translates as that parent (and only that parent) will have all of the decision-making authority for the child. Alternatively, joint legal custody allows both parents to decide on all major (and possibly minor) decisions in their child's life.

In Alabama, child custody can be shared by unmarried parents or given to just one. Alabama law presumes that joint custody is in the best interest of the child, so judges always consider it first when making custody rulings for unmarried parents.

So for example, let's say the non-custodial parent earns $1,200 a month, while the custodial parent earns $1,800. The court would look at their combined total income, which would be $3,000. Based on the child support guideline schedule, that would amount to a monthly payment of $579 for one child.

Failure or inconsistency in providing basic needs and necessities like food, shelter, clothing, education, and healthcare are substantial grounds for losing custody. Minor mishaps may be overlooked, but if there's actual neglect on the mother's part, it may cause a reconsideration on the custodial agreement.

Fathers have equal rights and obligations towards their children as mothers. However, establishing a father's rights in Alabama is not always straightforward. Depending on the circ*mstances, fathers may need to go to court to establish paternity, obtain partial custody, or seek visitation rights.

For children who have been in care 12 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.

The court will consider the emotional ties between the child and each parent, including the ability of each parent to provide emotional support and guidance. The court will consider each parent's ability to provide for the child's basic needs, such as food, shelter, and clothing.

Is 50/50 Custody in Alabama? Yes, Alabama is a 50/50 child custody state. A judge will usually grant joint custody to both parents unless there is a convincing reason not to.