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When a petition for emergency custody is submitted, it must provide highly specific instances of abuse or threats of such abuse. There are various ways to do this, including but not limited to: Police reports and/or the other parent's arrest history. Records of the other parent's applicable previous convictions.
(1) The agreement or lack of agreement of the parents on joint custody. (2) The past and present ability of the parents to cooperate with each other and make decisions jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
There is no specific age when Alabama courts must consider a child's opinion.
What are the Valid Reasons to Modify a Child Support Order in Alabama? Both parties agree to change the child support terms. One party presents evidence to the court that the original guidelines are unjust or inequitable. Shared physical custody or visitation rights have increased for the payor of child support.
Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.
Common Reasons for Modification of Custody A parent believes the child is neglected in the other parent's custody. The child's needs and/or preferences have changed. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent's home.
In short, no. Unfortunately, you cannot get full child custody without going to court. This is because, under California law, child custody is something that must be ordered by a court with jurisdiction over the children involved.
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.