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Fathers, like all parents, have a constitutional right under Alabama child custody law to a relationship with their child. Likewise minor children have a complementary fundamental right to free association with their parents, including their father.
While Alabama does not have a standard custody schedule, most custody schedules are similar. Usually, the custodial parent will get the child during the week, with the exception of one evening, and both parents will alternate weekends. Holidays and summer break will usually alternate between parents from year to year.
Sole legal custody:When the court awards sole legal custody to one parent, known as a ?custodian,? that parent has total authority to make all the decisions about the child's upbringing, such as those regarding education, religious training and health care. The child lives with the custodian, as well.
In Alabama, courts understand the role both parents play in a child's life and, if possible, prefer to grant joint custody. However, ing to Alabama Code § 30-3-2, the courts may give custody to either the father or the mother.
File for custody. You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.
Considerations for Custody Award Because joint custody is presumed to be in the best interests of the child(ren) in Alabama, the judge shall consider joint custody in every case. If both parents request it, joint custody shall be ordered unless the Court makes a specific finding as to why it should not be so ordered.
Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Ala. Code § 30-3-1 (1975).
Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Ala. Code § 30-3-1 (1975).