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Rights of Unmarried Parents in AlabamaAn unmarried mother has the natural or primary right to custody of children born outside marriage. This means that the mother has the legal right to keep her children and take care of them.
Fathers Rights in Alabama. Alabama's child custody laws guarantee parents a constitutional right to have a relationship with their child. Minor children likewise have a right to free association with their parents, which include fathers.
There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
In addressing the various aspects of custody, Alabama law favors joint legal custody as the preferred outcome. That's because it usually leads to children having frequent and continuing contact with their parents and enables parents to share the rights and responsibilities of raising their 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.
This can be around the age of 12 or 13 but varies on the circumstances. The wishes and feelings of a child below the age of 11 may be taken into account but will not usually carry such weight.
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.
An unmarried mother has the natural or primary right to custody of children born outside marriage. This means that the mother has the legal right to keep her children and take care of them. The only way these rights can be revoked is if she is proven unfit for motherhood, or if she abandons the child.
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. In other words, these rights are not guaranteed.
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.