This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Alabama USLegal Guide to Temporary Custody
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US-GDE-05
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Only the plaintiff pays a filing fee. Ask your local court clerk what filing a case there costs (usually about $300). If you can't afford the filing fee, complete an Affidavit of Substantial Hardship, sign it in front of a notary and submit it to the court. The defendant doesn't pay to respond.
The TPR petition is to be prepared and filed in the juvenile or family court clerk's office by the local attorney who has been approved by SDHR Legal to represent the county department.
How to File for Temporary Custody in Alabama File for custody in family court or another court that hears these types of matters, Gather evidence and prepare a compelling case for custody, Prepare for the custody hearing, and. Review options for reconsideration or appeal.
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.
Getting an emergency custody order generally requires you to go before a judge in a special hearing. The judge will hear why you believe your child is in danger and you have an urgent need to change the physical custody of your child or children.
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 does not have an established age where the judge must listen to the child's input about where they will live. Instead, the judge decides if they believe the child is mature enough to form an opinion on this topic before considering the child's wishes. Even then, this is only one factor in the court's decision.
There is no age at which the child can legally refuse visitation until they are no longer a minor. However, if your child has valid reasons for wanting to avoid visitation, such as if visitation is not in the child's best interest, it may be possible to have the court-ordered visitation agreement modified.